GIFT  Of 


SELECT    CHARTERS 

AND    OTHER   DOCUMENTS 


ILLUSTRATIVE*  OF 


AMERICAN   HISTORY 
•606  -.775. 


EDITED    WITH  NOTES  »  . 

X 

WILLIAM    MACDONALD 

PROFESSOR   OF  HISTORY   IN   KROWN   UNIVERSITY 

EDITOR  OF  "  SELECT  DOCUMENTS  ILLUSTRATIVE  OF  THE  HISTORY 
OF  THE  UNITED  STATES,    1776-1861  " 


THE    MACMILLAN    COMPANY 

LONDON:   MACMILLAN  &  CO.,  LTD. 
1904 

All  rights  reserved 


COPYRIGHT,  1899, 
BY  THE  MACMILLAN   COMPANY. 


Set  up,  electrotyped,  and  published  October,  1899.     Reprinted 
February,  1904. 


Nortooot) 

J.  S.  Cashing  &  Co.  —  Berwick  &  Smith  Co. 
Norwood,  Mass.,  U.S.A. 


PREFACE 

THE  present  work  forms  a  companion  volume  to  my  "Select 
Documents  illustrative  of  the  History  of  the  United  States,  1776- 
1861,"  and  follows,  in  the  main,  the  general  method  and  arrange 
ment  of  the  earlier  work.  The  aim  has  been  to  bring  together, 
in  a  form  suitable  for  class-room  use,  the  chief  constitutional  and 
legal  documents  of  the  American  colonial  period  commonly  dwelt 
upon  in  systematic  general  courses  of  instruction.  The  list  will 
be  found  to  contain,  among  other  pieces,  the  significant  portions 
of  the  most  important  colonial  charters,  grants,  and  frames  of 
government,  and  the  acts  of  Parliament  most  directly  affecting  the 
American  colonies.  The  statutes  and  state  papers  of  the  period 
immediately  preceding  the  Revolution  have  not,  so  far  as  I  know, 
been  readily  available  hitherto  for  students  who  did  not  have 
access  to  large  libraries.  It  has  not  been  possible,  however,  con 
sistently  with  the  plan  and  scope  of  the  volume,  to  deal  as  fully 
and  satisfactorily  with  the  half  century  from  1700  to  1750  as  with 
the  years  preceding  and  following  those  dates ;  and  the  meagre 
treatment  of  this  "  neglected  period  "  by  historians,  small  and 
great,  is,  to  some  degree,  reflected  here. 

In  reprinting  the  texts,  I  have  written  out  the  obsolete  contrac 
tions  wherever  they  occurred,  and  have  disregarded  the  ancient 
use  of  i  and  /,  u  and  v,  and  long  s.  Corrections  of  a  few  obvious 
errors  and  misprints  in  the  originals  have  been  noted  in  brackets. 
Omissions  and  contractions  incident  to  condensation  are  indicated 
by  the  usual  signs. 

While  it  has  not  seemed  proper  so  to  abridge  the  charters  as 
to  destroy  their  essentially  formal  character,  certain  provisions 
common  to  nearly  all  of  them  have  been,  as  a  rule,  omitted. 

27290V0 


vi  PREFACE 

Such  are  the  sections  relating  to  the  tenure  of  land,  nominal  pay 
ments  to  king  or  proprietor,  the  right  to  make  local  laws  and 
ordinances  not  repugnant  to  the  laws  of  England,  the  right  of 
waging  offensive  and  defensive  war,  etc.  These  provisions,  taking 
form,  for  the  most  part,  in  the  three  charters  of  Virginia,  I  have 
thought  it  unnecessary  to  repeat  on  their  later  recurrence,  save  in 
the  case  of  some  substantial  change  in  the  power  granted. 

I  have  to  acknowledge  my  indebtedness  to  Messrs.  Charles 
Scribner's  Sons  for  permission  to  reprint,  from  William  Wirt 
Henry's  "  Life,  Correspondence,  and  Speeches  of  Patrick  Henry," 
the  Virginia  resolutions  of  1773  ;  and  to  the  Hon.  Josiah  Quincy 
of  Boston,  and  Messrs.  Little,  Brown  &  Co.,  for  permission  to  use 
the  text  of  the  writ  of  assistance  in  Quincy's  "  Massachusetts 
Reports."  Edward  McCrady,  Esq.,  of  Charleston,  S.C.,  kindly 
cleared  up  for  me  some  points  in  connection  with  Locke's 
"Fundamental  Constitutions."  To  Mr.  William  Coolidge  Lane 
and  Mr.  Thomas  J.  Kiernan  of  the  Harvard  University  Library, 
Mr.  C.  B.  Tillinghast  of  the  Massachusetts  State  Library,  and 
Mr.  George  T.  Little  of  the  Bowdoin  College  Library,  I  am  under 
obligations  for  special  privileges  in  the  use  of  the  collections  under 
their  care. 


WILLIAM   MACDONALD. 


BRUNSWICK,  MAINE, 
October,  1899. 


Contents 


NUMBER  PAGE 

•/.I.  First  Charter  of  Virginia.     April  10/20,  1 606                           .        .  I 

2.  Second  Charter  of  Virginia.     May  23 /June  2,  1609        .        .        .11 

3.  Third  Charter  of  Virginia.     March  12/22,  1611/12        ...  17 

4.  Patent  of  the  Council  for  New  England.     Nov.  3/13,  1620  .         .  23 
-.5.  Mayflower  Compact.     Nov.  11/21,  1620         .         .         .                  -33 

6.  Ordinance  for  Virginia.     July  24/Aug.  3,  1621       ....  34 

7.  Grant  of  Maine  to  Gorges  and  Mason.     Aug.  10/20,  1622     .         .  36 
•* 8.  First  Charter  of  Massachusetts.     March  4/14,  1628/9  .         .         .  37 

9.  Charter  of  Privileges  to  Patroons.     June  7/17,  1629       ...  43 

10.  Grant  of  New  Hampshire.     Nov.  7/17,  1629          ....  50 

11.  Plymouth  Patent.     Jan.  13/23,  1629/30 51 

12.  Charter  of  Maryland.     June  20/30,  1632 53 

13.  Grant  of  New  Hampshire  and  Massonia.     April  22/May  2,  1635  .  59 

14.  Fundamental  Orders  of  Connecticut.     Jan.  14/24,1638/9    .         .  60 

15.  Grant  of  the  Province  of  Maine.     April  3/13,  1639        ...  65 

16.  Fundamental  Articles  of  New  Haven.     June  4/14,  1639         .         .  67 
«*J7.  Massachusetts  Body  of  Liberties.     December,  1641         ...  72 

18.  Patent  of  Providence  Plantations.     March  14/24,  1643           •         •  91 

19.  New  England  Confederation.     May  19/29,  1643    ....  94" 

20.  Government  of  New  Haven.     Oct.  27/Nov.  6,  1643       .         .         .  101 

21.  Maryland  Toleration  Act.     April,  1649  ••••••  i°4 

22.  Navigation  Act.     Oct.  9/19,  1651           .         .         .         .         .         .  106 

23.  First  Navigation  Act.      1660 '   .  no 

24.  Charter  of  Connecticut.     April  23/May  3,  1662     .         .         .         .116 

25.  Explanatory  Navigation  Act.     1662 119 

26.  First  Charter  of  Carolina.     March  24/April  3,  1662/3  .         •         •  I2° 
•^27.  Charter  of  Rhode  Island  and  Providence  Plantations.     July  8/18, 

1663    . 125 


viii  CONTENTS 

NUMBER  PAGE 

28.  Second  Navigation  Act.      1663 133 

29.  Grant  to  the  Duke  of  York.     March  12/22,  1663/4       .         .         .  136 

30.  Grant   of  New  Jersey  to  Berkeley  and  Carteret.      June   20/30, 

1664 139 

31.  New  Jersey  Concession  and  Agreement.     Feb.  10/20,  1664/5        •  J4: 

32.  Second  Charter  of  Carolina.     June  3O/ July  10,  1665      .         .         .148 

33.  Fundamental  Constitutions  of  Carolina.     March  i/n,  1669/70    .  149 

34.  Third  Navigation  Act.      1672 168 

35.  Grant  of  New  Jersey  to  Carteret.     July  29/  Aug.  8,  1674        .         .171 

36.  Quintipartite  Deed.     July  i/n,  1676 171 

37.  Concessions  and  Agreements  of  West  New  Jersey.     March  3/13, 

1676/7 174 

38.  Charter  of  Pennsylvania.     March  4/14,  1 680/81   ....  183 

39.  Grant  of  East  New  Jersey.     March  14/24,  1682/3         •         •         •  19° 

40.  Frame  of  Government  of  Pennsylvania.     April  25 /May  5,  1682     .  192 

41.  Pennsylvania  and  Delaware  Frame.     April  2/12,  1683  •         •         •  :99 

42.  Second  Charter  of  Massachusetts.     Oct.  7/17,  1691        .         .         .  205 

43.  Navigation  Act.     April  10/20,  1696 212 

44.  Pennsylvania  Frame  of  Government.     November,  1696  .         .         .217 

45.  Treaty  of  Ryswick.     Sept.  10/20,  1697 222 

46.  Pennsylvania  Charter  of  Privileges.     Oct.  28/Nov.  8,  1701    .         .  224 

47.  Treaty  of  Utrecht.     March  3i/April  n,  1713         ....  229 

48.  Explanatory  Charter  of  Massachusetts.     Aug.  26/Sept.  6,  1725       .  233 

49.  Charter  of  Georgia.     June  9/20,  1732 235 

50.  Molasses  Act.     May  17/28,  1733 248 

51.  Treaty  of  Aix-la-Chapelle.     Oct.  18,1748 251 

52.  Albany  Plan  of  Union.     July  10,  1754 253 

53.  Writ  of  Assistance.     Dec.  2,  1762 258 

54.  Treaty  of  Paris.     Feb.  10,1763       .......  261 

55.  Royal  Proclamation  concerning  America.     Oct.  7,  1763          .         .  267 

N,56.  Sugar  Act.     April  5,  1764 272 

\57-  Stamp  Act.     March  22,  1765 281 

N  58.  Quartering  Act.     April,  1765 306 

x  59.  Resolutions  of  the  Stamp  Act  Congress.     Oct.  19,1765            .         .  313 

_  60.  Declaratory  Act.     March  i 8,  1766, 316 


CONTENTS  ix 

NUMBER  PAGE 

61.  Act  suspending  the  New  York  Assembly.     June  15,  1767       .         .  317 
Townshend  Acts 320 

62.  Act  establishing  Customs  Commissioners.     June  29,  1767        .         .  321 

63.  Revenue  Act.     June  29,  1767 322 

64.  Tea  Act.     July  2,  1767 327 

65.  Massachusetts  Circular  Letter.     Feb.  11,1768        ....  330 

66.  Virginia  Resolutions.     May  16,  1769 334 

67.  Virginia  Resolutions.     March  12,  1773 336 

68.  Boston  Port  Act.     March  31,  1774          ......  337 

69.  Massachusetts  Government  Act.     May  20,  1774      .         .         .         .  343 
"70.     Administration  of  Justice  Act.     May  20,  1774         .         .         .         .  351 

71.  Quartering  Act.     June  2,  1774 355 

72.  Declaration    and    Resolves    of    the    First    Continental    Congress. 

Oct.  14,  1774 356 

73.  The  Association.     Oct.  20,  1774    .         .         .        ...        .         .  362 

74.  Lord  North's  Conciliatory  Resolution.     Feb.  27,  1775    .         .         .  367 

75.  New  England  Restraining  Act.     March  30,  1775    ....  368 

76.  Declaration  of  the  Causes  and  Necessity  of  Taking  up  Arms.    July  6, 

1775 374 

77.  Petition  to  the  King.     July  8,  1775 381 

78.  Report  on  Lord  North's  Conciliatory  Resolution.     July  31,  1775    .  385 

79.  Proclamation  of  Rebellion.     Aug.  23,  1775     .         .         .         ...  389 

80.  Act  Prohibiting  Trade  and  Intercourse  with  America.      Dec.  22, 

1775 v        .        .  391 


Select  Charters  and  other  Documents 

Illustrative  of 

American  History 


No.  i.    First  Charter  of  Virginia 

April  10/20,  1606 

THE  region  included  in  the  Virginia  grant  was  claimed  by  Spain,  but  the 
close  of  the  war  between  Spain  and  England,  in  1604,  left  the  latter  free  to 
extend  the  area  of  its  occupation  in  America.  Various  plans  for  settlement 
and  trade  were  brought  forward  soon  after  the  return  of  Weymouth,  in  July, 
1605.  A  petition  for  a  charter,  signed  by  Sir  Thomas  Gates,  Sir  George  Somers, 
Hakluyt,  and  others,  was  favorably  considered  by  James  I.,  and  in  April,  1606, 
the  charter  passed  the  seals.  The  first  draft  of  the  charter,  accompanying 
the  petition,  was  probably  drawn  by  Sir  John  Popham,  lord  chief  justice, 
but  the  final  form  was  the  work  of  SJr,JLdw^*d--Colcej  attorney-general,  and 
Sir  John  Dodderidge,  solicitor-general.  Royal  orders  and  instructions  for 
the  government  of  the  two  colonies  and  the  conduct  of  their  affairs  were 
issued  Nov.  20/30  and  Dec.  10/20,  1606.  An  ordinance  and  constitution  of 
March  9/19,  1607,  increased  the  membership  of  the  council  and  enlarged  its 
authority. 

REFERENCES. —  Text  in  Stith's  History  of  Virginia  (Sabin's  ed.,  1865), 
Appendix  I.  Invaluable  documentary  material  for  the  early  history  of  Virginia, 
to  1616,  is  set  forth  in  Brown's  Genesis  of  the  United  States  ;  see  also  the  same 
author's  First  Republic  in  America,  1-71.  Important  contemporary  accounts 
are:  John  Smith's  A  True  Relation  (Deane's  ed.,  1866,  with  notes),  and 
General  Historic  (Arber's  reprint) ;  Wingfield's  A  Discourse  of  Virginia 
(Deane's  ed.,  with  notes,  in  Archceologia  Americana,  IV.,  67-163);  and  A 
True  Declaration  of  the  Estate  of  the  Colonie  in  Virginia  (in  Force's  Tracts, 
III.).  See  further:  NeilPs  Virginia  Company ;  Sainsbury's  Calendar  of 
State  Papers,  Colonial,  I.;  Doyle's  Virginia,  134-242. 

I.  JAMES,  by  the  Grace  of  God,  King  of  England,  Scotland, 
France,  and  Ireland,  Defender  of  the  Faith,  &c.  WHEREAS  our 
loving  and  well-disposed  Subjects,  Sir  Thomas  Gates,  and  Sir 


2  r  /  FIRSTS  CHARTER  OF  VIRGINIA  [April  10/20 

George  Somers,  Knights,  Richard  Hackluit,  Clerk,  Prebendary  of 
Westminster,  and  Edward-Maria  Wingfield,  Thomas  ffanham, 
and  Ralegh  Gilbert,  Esqrs.  William  Parker,  and  George  Popham, 
Gentlemen,  and  divers  others  of  our  loving  Subjects,  have  been 
humble  Suitors  unto  us,  that  We  would  vouchsafe  unto  them  our 
Licence,  to  make  Habitation,  Plantation,  and  to  deduce  a  Colony 
of  sundry  of  our  People  into  that  Part  of  America,  commonly 
called  VIRGINIA,  and  other  Parts  and  Territories  in  America,  either 
appertaining  unto  us,  or  which  are  not  now  actually  possessed  by 
any  Christian  Prince  or  People,  situate,  lying,  and  being  all  along 
the  Sea  Coasts,  between  four  and  thirty  Degrees  of  Northerly 
Latitude  from  the  Equinoctial  Line,  and  five  and  forty  Degrees 
of  the  same  Latitude,  and  in  the  main  Land  between  the  same 
four  and  thirty  and  five  and  forty  Degrees,  and  the  Islands  there 
unto  adjacent,  or  within  one  hundred  Miles  of  the  Coast  thereof; 

II.  AND  to  that  End,  and  for  the  more  speedy  Accomplish 
ment  of  their  said  intended   Plantation   and    Habitation  there, 
are  desirous  to  divide  themselves  into  two  several  Colonies  and 
Companies ;  The  one  consisting  of  certain  Knights,  Gentlemen, 
Merchants,  and  other  Adventurers,  of  our  City  of  London  and 
elsewhere,  which  are,  and  from  time  to  time  shall  be,  joined  unto 
them,  which  do  desire  to  begin  their  Plantation  and  Habitation 
in  some  fit  and  convenient  Place,  between  four  and  thirty  and 
one  and  forty  Degrees  of  the  said  Latitude,  alongst  th'e  Coasts 
of   Virginia  and   Coasts  of  America  aforesaid ;   And  the  other 
consisting  of  sundry  Knights,  Gentlemen,  Merchants,  and  other 
Adventurers,  of  our  Cities  of  Bristol  and  Exeter,  and  of  our  Town 
of  Pl'unouth,  and  of  other  Places,  which  do  join  themselves  unto 
that  Colony,  which  do  desire  to  begin  their  Plantation  and  Habi 
tation  in  some  fit  and  convenient  Place,  between  eight  and  thirty 
Degrees  and  five  and  forty  Degrees  of  the  said   Latitude,  all 
alongst  the  said  Coast  of  Virginia  and  America,  as  that  Coast 
lyeth : 

III.  WE,  greatly  commending,  and   graciously   accepting   of, 
their  Desires  for  the  Furtherance  of  so  noble  a  Work,  which  may, 
by  the  Providence  of  Almighty  God,  hereafter  tend  to  the  Glory 
of  his  Divine  Majesty,  in  propagating  of  Christian  Religion  to 
such  People,  as  yet  live  in  Darkness  and  miserable  Ignorance  of 
the  true  Knowledge  and  Worship  of  God,  and  may  in  time  bring 
the  Infidels  and  Savages,  living  in  those  Parts,  to  human  Civility, 


1606]  FIRST  CHARTER  OF  VIRGINIA  3 

and  to  a  settled  and  quiet  Government ;  DO,  by  these  our  Letters 
Patents,  graciously  accept  of,  and  agree  to,  their  humble  and  well- 
intended  Desires ; 

IV.  AND  do  therefore,  for  Us,  our  Heirs,  and  Successors, 
GRANT  and  agree,  that  the  said  Sir  Thomas  Gates,  Sir  George 
Somers,  Richard  Hackluit,  and  Edward-Maria  Wingfield,  Ad 
venturers  of  and  for  our  City  of  London,  and  all  such  others,  as 
are,  or  shall  be,  joined  unto  them  of  that  Colony,  shall  be  called 
the  first  Colony;  And  they  shall  and  may  begin  their  said  first 
Plantation  and  Habitation,  at  any  Place  upon  the  said  Coast  of 
Virginia  or  America,  where  they  shall  think  fit  and  convenient, 
between  the  said  four  and  thirty  and  one  and  forty  Degrees  of  the 
said  Latitude;  And  that  they  shall  have  all  the  Lands,  Woods, 
Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Marshes, 
Waters,  Fishings,  Commodities,  and. Hereditaments,  whatsoever, 
from  the  said  first  Seat  of  their  Plantation  and  Habitation  by  the 
Space  of  fifty  Miles  of  English  Statute  Measure,  all  along  the  said 
Coast  of  Virginia  and  America,  towards  the  ffe/and  Southwest, 
as  the  Coast  lyeth,  with  all  the  Islands  within  one  hundred  Miles 
directly  over  against  the  same  Sea  Coast;  And  also  all  the  Lands, 
Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Woods, 
Waters,  Marshes,  Fishings,  Commodities,  and  Hereditaments, 
whatsoever,  from  the  said  Place  of  their  first  Plantation  and  Habi 
tation  for  the  space  of  fifty  like  English  Miles,  all  alongst  the 
said  Coast  of  Virginia  and  America,  towards  the  Eastzx\&  North 
east,  or  towards  the  North,  as  the  Coast  lyeth,  together  with  all 
the  Islands  within  one  hundred  Miles,  directly  over  against  the 
said  Sea  Coast;  And  also  all  the  Lands,  Woods,  Soil,  Grounds, 
Havens,  Ports,  Rivers,  Mines,  Minerals,  Marshes,  Waters,  Fish 
ings,  Commodities,  and  Hereditaments,  whatsoever,  from  the 
same  fifty  Miles  every  way  on  the  Sea  Coast,  directly  into  the 
main  Land  by  the  Space  of  one  hundred  like  English  Miles;  And 
shall  and  may  inhabit  and  remain  there;  and  shall  and  may  also 
build  and  fortify  within  any  the  same,  for  their  better  Safeguard 
and  Defence,  according  to  their  best  Discretion,  and  the  Discre 
tion  of  the  Council  qf  that  Colony;  And  that  no  other  of  our 
Subjects  shall  be  permitted,  or  suffered,  to  plant  or  inhabit  be 
hind,  or  on  the  Backside  of  them,  towards  the  main  Land,  without 
the  Express  Licence  or  Cdnsent  of  the  Council  of  that  Colony, 
thereunto  in  Writing  first  had  and  obtained. 


4  FIRST  CHARTER   OF   VIRGINIA  [April  10/20 

V.  AND  we  do  likewise,  for  Us,  our  Heirs,  and  Successors,  by: 
these  Presents,  GRANT  and  agree,  that  the  said  Thomas  Hanham,  \ 
and  Ralegh  Gilbert,  William  Parker,  and  George  Popham,  and  all 
others  of  the  Town  of  Plimouth  in  the  County  of  Devon,  or  else 
where,  which  affe,  or  shall  be,  joined  unto  them  of  that  Colony,  ' 
shall  be  called  the  second  Colony ;  And  that  they  shall  and  may  ; 
begin  their  said  Plantation  and  Seat  of  their  first  Abode  and 
Habitation,  at  any  Place  upon  the  said  Coast  of   Virginia  and  I 
America,  where  they  shall  think  fit  and  convenient,  between  eight 
and  thirty  Degrees  of  the  said  Latitude,  and  five  and  forty  Degrees 
of  the  same  Latitude;  And  that  they  shall  have  all  the  Lands, 
Soils,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Woods, 
Marshes,  Waters,  Fishings,  Commodities,  and  Hereditaments, 
whatsoever,  from  the  first  Seat  of  their  Plantation  and  Habitation 
by  the  Space  of  fifty  like  English  Miles,  as  is  aforesaid,  all  alongst 
the  said  Coast  of    Virginia  and  America,  towards  the  West  and 
Southwest,  or  towards  the  South,  as  the  Coast  lyeth,  and  all  the 
Islands  within  one  hundred  Miles,  directly  over  against  the  said 
Sea  Coast;    And  also  all  the   Lands,   Soils,  Grounds,   Havens, 
Ports,  Rivers,  Mines,  Minerals,  Woods,  Marshes,  Waters,  Fish 
ings,   Commodities,  and   Hereditaments,  whatsoever,   from    the 
said  Place  of  their  first  Plantation  and  Habitation  for  the  Space 
of  fifty  like  Miles,  all  alongst  the  said  Coast  of    Virginia  and 
America,  towards  the  East  and  Northeast,  or  towards  the  North, 
as  the  Coast  lyeth,  and  all  the  Islands  also  within  one  hundred 
Miles  directly  over  against  the  same  Sea  Coast;  And  also  all  the 
Lands,  Soils,  Grounds,  Havens,  Ports,  Rivers,  Woods,  Mines, 
Minerals,  Marshes,  Waters,  Fishings,  Commodities,  and  Heredita 
ments,  whatsoever,  from  the  same  fifty  Miles  every  way  on  the 
Sea  Coast,  directly  into  the  main  Land,  by  the  Space  of  one  hun 
dred  like  English  Miles;  And  shall  and  may  inhabit  and  remain 
there;  and  shall  and  may  also  build  and  fortify  within  any  the 
same  for  their  better  Safeguard,  according  to  their  best  Discre 
tion,  and  the  Discretion  of  the  Council  of  that  Colony;  And  that 
none  of  our  Subjects  shall  be  permitted,  or  suffered,  to  plant  or 
inhabit  behind,  or  on  the  back  of  them,  towards  the  main  Land, 
without  the  express  Licence  of  the  Council  of  that  Colony,  in 
Writing  thereunto  first  had  and  obtained. 

VI.  PROVIDED  always,  and  our  Will  and  Pleasure  herein  is, 
that  the  Plantation  ancj  Habitation  of  such  of  the  said  Colonies, 


SELECT   CHARTERS    AND    OTHER 
DOCUMENTS 


ILLUSTRATIVE    OF 


AMERICAN    HISTORY 

1606-1775 


i6o6]  FIRST  CHARTER  OF  VIRGINIA  5 

as  shall  last  plant  themselves,  as  aforesaid,  shall  not  be  made 
within  one  hundred  like  English  Miles  of  the  other  of  them,  that 
first  began  to  make  their  Plantation,  as  aforesaid. 

VII.  AND  we  do  also  ordain,  establish,  and  agree,  for  Us,  our 
Heirs,  and  Successors,  that  each  of  the  said  Colonies  shall  have 
a  Council,  which  shall  govern  and  order  all  Matters  and  Causes, 
which  shall  arise,  grow,  or  happen,  to  or  within  the  same  several 
Colonies,  according  to  such  Laws,  Ordinances,  and  Instructions, 
as  shall  be,  in  that  behalf,  given  and  signed  with  Our  Hand  or 
Sign  Manual,  and  pass  under  the  Privy  Seal  of  our  Realm  of 
England;  Each  of  which  Councils  shall  consist  of  thirteen  Per 
sons,  to  be  ordained,  made,  and  removed,  from  time  to  time, 
according  as  shall  be  directed  and  comprised  in  the  same  instruc 
tions;  And  shall  have  a  several  Seal,  for  all  Matters  that  shall 
pass  or  concern  the  same  several  Councils;  Each  of  which  Seals 
shall  have  the  King's  Arms  engraven  on  the  one  Side  thereof, 
and  his  Portraiture  on  the  other;  And  that  the  Seal  for  the  Coun 
cil  of  the  said  first  Colony  shall  have  engraven  round  about,  on 
the  one  Side,   these  Words;   Sigillum  Regis  Magna  Britannia, 
Francia,  6°  Hibernia ;  on  the  other  Side  this  Inscription,  round 
about ;    Pro  Concilio  primes  Colonies  Virginia.     And  the  Seal  for 
the  Council  of  the  said  second  Colony  shall  also  have  engraven, 
round  about  the  one  Side  thereof,  the  aforesaid  Words;  Sigillum 
Regis  Magna,  Britannia,  Francia,   6°  Hibernia ;    and  on  the 
other  Side;  Pro  Concilio  secunda  Colonies.  Virginia: 

VIII.  AND  that  also  there  shall  be  a  Council  established  here 
in  England,  which  shall,   in   like   Manner,  consist  of    thirteen 
Persons,  to  be,  for  that  Purpose,  appointed  by  Us,  our  Heirs  and 
Successors,  which  shall  be  called  our  Council  of  Virginia ;  And 
shall,  from  time  to  time,  have  the  superior  Managing  and  Direc 
tion,  only  of  and  for  all  Matters,  that  shall  or  may  concern  the 
Government,  as  well  of  the  said  several  Colonies,  as  of  and  for 
any  other  Part  or  Place,  within  the  aforesaid  Precincts  of  four 
and  thirty  and  five  and  forty  Degrees,  abovementioned;  Which 
Council  shall,  in  like  manner,  have  a  Seal,  for  Matters  concern 
ing  the  Council  or  Colonies,  with  the  like  Arms  and  Portraiture, 
as  aforesaid,  with  this   Inscription,   engraven  round  about   on 
the  one  Side  ;    Sigillum  Regis  Magna  Britannia,  Francia,  6° 
Hibernia;    and  round  about  the  other  Side,  Pro   Concilio  suo 
Virginia. 


6  FIRST  CHARTER  OF  VIRGINIA  [April  10/20 

IX.  AND  moreover,  we  do  GRANT  and  agree,  for  Us,  our  Heirs 
and  Successors,  that  the  said  several  Councils,  of  and  for  the  said 
several  Colonies,  shall  and  lawfully  may,  by  Virtue  hereof,  from 
time  to  time,  without  any  Interruption  of  Us,  our  Heirs  or  Suc 
cessors,  give  and  take  Order,  to  dig,  mine,  and  search  for  all 
Manner  of  Mines  of  Gold,  Silver,  and  Copper,  as  well  within 
any  part  of  their  said  several  Colonies,  as  for  the  said  main  Lands 
on  the  Backside  of  the  same  Colonies;  And  to  HAVE  and  enjoy 
the  Gold,  Silver,  and  Copper,  to  be  gotten  thereof,  to  the  Use 
and  Behoof  of  the  same  Colonies,  and  the  Plantations  thereof; 
YIELDING  therefore,  to  Us,  our  Heirs  and  Successors,  the  fifth 
Part  only  of  all  the  same  Gold  and  Silver,  and  the  fifteenth  Part 
of  all  the  same  Copper,  so  to  be  gotten  or  had,  as  is  aforesaid, 
without  any  other  Manner  of  Profit  or  Account,  to  be  given  or 
yielded  to  Us,  our  Heirs,  or  Successors,  for  or  in  Respect  of  the 
same: 

X.  AND  that  they  shall,  or  lawfully  may,  establish  and  cause 
to  be  made  a  Coin,  to  pass  current  there  between  the  People  of 
those  several  Colonies,  for  the  more  Ease  of  Traffick  and  Bar 
gaining  between  and  amongst  them  and  the  Natives  there,  of 
such  Metal,  and  in  such  Manner  and  Form,  as  the  said  several 
Councils  there  shall  limit  and  appoint. 

XL  AND  we  do  likewise,  for  Us,  our  Heirs,  and  Successors, 
by  these  Presents,  give  full  Power  and  Authority  to  the  said  Sir 
Thomas  Gates,  Sir  George  So?ners,  Richard  Hackhdt,  Edward- 
Maria  Wingfield,  Thomas  Hanham,  Ralegh  Gilbert,  William 
Parker,  and  George  Popham,  and  to  every  of  them,  and  to  the 
said  several  Companies,  Plantations,  and  Colonies,  that  they, 
and  every  of  them,  shall  and  may,  at  all  and  every  time  and  times 
hereafter,  have,  take,  and  lead  in  the  said  Voyage,  and  for  and 
towards  the  said  several  Plantations  and  Colonies,  and  to  travel 
thitherward,  and  to  abide  and  inhabit  there,  in  every  the  said 
Colonies  and  Plantations,  such  and  so  many  of  our  Subjects,  as 
shall  willingly  accompany  them,  or  any  of  them,  in  the  said 
Voyages  and  Plantations;  With  sufficient  Shipping,  and  Furniture 
of  Armour,  Weapons,  Ordinance,  Powder,  Victual,  and  all  other 
things,  necessary  for  the  said  Plantations,  and  for  their  Use  and 
Defence  there :  PROVIDED  always,  that  none  of  the  said  Persons  be 
such,  as  shall  hereafter  be  specially  restrained  by  Us,  our  Heirs, 
or  Successors. 


FIRST  CHARTER  OF  VIRGINIA  7 

XII.  MofeEOVER,  we  do,  by  these  Presents,  for  Us,  oar  Heirs, 
and  Successors,  GIVE  AND  GRANT  Licence  unto  the  said  Sir  Thomas 
Gates,   Sir   George  Semen,  Richard  Hackluit,  Edward-Maria 
Wingfield,   Themas  Hanham,  Ralegh  Gilbert,    William  Parker% 
and  George  Popham,  and  to  every  of  the  said  Colonies,  that  they, 
and  every  of  them,  shall  and  may,  from  time  to  time,  and  at  all 
times  for  ever  hereafter,  for  their  several  Defences,  encounter, 
expnlse,  repel,  and  resist,  as  well  by  Sea  as  by  Land,  by  all  Ways 
and  Means  whatsoever,  all  and  every  such  Person  and  Persons, 
as  without  the  especial  Licence  of  die  said  several  Colonies  and 
Plantations,  shall  attempt  to  inhabit  within  the  said  several  Pre 
cincts  and  Limits  of  the  said  several  Colonies  and  Plantations, 
or  any  of  them,  or  that  shall  enterprise  or  attempt,  at  any  time 
hereafter,  the  Hurt,  Detriment,  or  Annoyance,  of  the  said  several 
Colonies  or  Plantations  : 

XIII.  GIVING  AND  GRANTING,  by  these  Presents,  unto  the  said 
Sir  Thomas  Gates,  Sir  George  Somers,  Richard  Hackluit,  Edward- 
Maria  Wingfitld,  and  their  Associates  of  the  said  first  Colony, 
and  unto  the   said  Thomas  Hanham,  Ralegh   Gilbert,    William 
Parker,  and   George  Popham,  and  their  Associates  of  the  said 
second  Colony,  and  to  every  of  them,  from  time  to  time,  and  at 
all  times  for  ever  hereafter,   Power  and  Authority  to  take  and 
surprise,  by  all  Ways  and  Means  whatsoever,  all  and  every  Person 
and  Persons,  with  their  Ships,  Vessels,  Goods  and  other  Furni 
ture,  which  shall   be  found   trafficking,    into   any  Harbour   or 
Harbours,  Creek  or  Creeks,  or  Place,  within  the  Limits  or  Pre 
cincts  of  the  said  several  Colonies  and  Plantations,  not  being  of 
the  same  Colony,  until  such  time,  as  they,  being  of  any  Realms 
or  Dominions  under  our  Obedience,  shall  pay,  or  agree  to  pay, 
to  the  Hands  of  the  Treasurer  of  that  Colony,  within  whose 
Limits  and  Precincts  they  shall  so  traffick,  two  and  a  half  upon 
every  Hundred,  of  any  thing,  so  by  them  trafficked,  bought,  or 
sold;  And  being  Strangers,  and  not  Subjects  under  our  Obey- 
sance,  until  they  shall  pay  five  upon  every  Hundred,  of   such 
Wares   and   Merchandises,  as  they  shall  traffick,  buy,  or  sell, 
within  the  Precincts  of  the  said  several  Colonies,  wherein  they 
shall  so  traffick,  buy,  or  sell,  as  aforesaid;  WHICH  Sums  of  Money, 
or  Benefit,  as  aforesaid,  for  and  during  the  Space  of  one  and 
twenty  Years,  next  ensuing  the  Date  hereof,  shall  be  wholly  em- 
ploied  to  the  Use,  Benefit,  and  Behoof  of  the  said  several  Plan- 


8  FIRST  CHARTER   OF  VIRGINIA  [April  10/20 

tations,  where  such  Traffick  shall  be  made;  And  after  the  said 
one  and  twenty  Years  ended,  the  same  shall  be  taken  to  the  Use 
of  Us,  our  Heirs,  and  Successors,  by  such  Officers  and  Ministers, 
as  by  Us,  our  Heirs,  and  Successors,  shall  be  thereunto  assigned 
or  appointed. 

XIV.  AND  we  do  further,  by  these  Presents,  for  Us,  our  Heirs, 
and  Successors,  GIVE  AND  GRANT  unto  the  said  Sir  Thomas  Gates, 
Sir  George  Somers,  Richard  Hackluit,  and  Edward-Maria  Wing- 
field,  and  to  their  Associates  of  the  said  first  Colony  and  Planta 
tion,  and  to  the  said  Thomas  Hanham,  Ralegh  Gilbert,  William 
Parker,  and   George  Popham,  and  their  Associates  of   the  said 
second  Colony  and  Plantation,  that  they,  and  every  of  them,  by 
their  Deputies,  Ministers,  and  Factors,  may  transport  the  Goods, 
Chattels,  Armour,  Munition,  and  Furniture,  needful  to  be  used 
by  them,  for  their  said  Apparel,  Food,  Defence,  or  otherwise  in 
Respect  of  the  said  Plantations,  out  of  our  Realms  of  England 
and  Ireland,  and  all  other  our  Dominions,  from  time  to  time, 
for  and  during  the  Time  of  seven  Years,  next  ensuing  the  Date 
hereof,  for  the  better  Relief  of  the  said  several  Colonies  and 
Plantations,  without  any  Custom,  Subsidy,  or  other  Duty,  unto 
Us,  our  Heirs,  or  Successors,  to  be  yielded   or   paid   for   the 
same. 

XV.  ALSO  we  do,  for  Us,  our  Heirs,  and  Successors,  DECLARE, 
by  these  Presents,  that  all  and  every  the  Persons,  being  our  Sub 
jects,  which  shall  dwell  and  inhabit  within  every  or  any  of  the 
said  several  Colonies  and  Plantations,  and  every  of  their  children, 
which  shall  happen  to  be  born  within  any  of  the  Limits  and  Pre 
cincts  of  the  said  several  Colonies  and  Plantations,  shall  HA^VE 
and  enjoy  all  Liberties,  Franchises,  and  Immunities,  within  any 
of  our  other  Dominions,  to  all  Intents  and  Purposes,  as  if  they 
had  been  abiding  and  born,  within  this  our  Realm  of  England, 
or  any  other  of  our  said  Dominions. 

XVI.  MOREOVER,  our  gracious  Will  and  Pleasure  is,  and  we 
do,  by  these  Presents,  for  Us,  our  Heirs,  and  Successors,  declare 
and  set  forth,  that  if  any  Person  or  Persons,  which  shall  be  of 
any  of  the  said  Colonies  and  Plantations,  or  any  other,  which 
shall  traffick  to  the  said  Colonies  and  Plantations,  or  any  of  them, 
shall,  at  any  time  or  times  hereafter,  transport  any  Wares,  Mer 
chandises,  or  Commodities,  out  of  any  our  Dominions,  with  a 
Pretence  to  land,  sell,  or  otherwise  dispose  of  the  same,  within 


1606]  FIRST  CHARTER  OF  VIRGINIA  9 

any  the  Limits  and  Precincts  of  any  the  said  Colonies  and  Plan 
tations,  and  yet  nevertheless,  being  at  Sea,  or  after  he  hath  landed 
the  same  within  any  of  the  said  Colonies  and  Plantations,  shall 
carry  the  same  into  any  other  Foreign  Country,  with  a  Purpose 
there  to  sell  or  dispose  of  the  same,  without  the  Licence  of  Us, 
our  Heirs,  and  Successors,  in  that  Behalf  first  had  and  obtained; 
That  then,  all  the  Goods  and  Chattels  of  such  Person  or  Persons, 
so  offending  and  transporting,  together  with  the  said  Ship  or 
Vessel,  wherein  such  Transportation  was  made,  shall  be  forfeited 
to  Us,  our  Heirs,  and  Successors. 

XVII.  PROVIDED  always,  and  our  Will  and  Pleasure  is,  and  we 
do  hereby  declare  to  all   Christian  Kings,  Princes,  and  States, 
that  if  any  Person  or  Persons,  which  shall  hereafter  be  of  any  of 
the  said  several  Colonies  and  Plantations,  or  any  other,  by  his, 
their  or  any  of  their  Licence  and  Appointment,  shall,  at  any  time 
or  times  hereafter,  rob  or  spoil,  by  Sea  or  by  Land,  or  do  any 
Act  of  unjust  and  unlawful  Hostility,  to  any  the  Subjects  of  Us, 
our  Heirs,  or  Successors,  or  any  the  Subjects  of  any  King,  Prince, 
Ruler,  Governor,  or  State,  being  then  in  League  or  Amity  with 
Us,  our  Heirs,  or  Successors,  and  that  upon  such  Injury,  or  upon 
just  Complaint  of   such^Prince,  Ruler,  Governor,  or  State,  or 
their  Subjects,  We,  our  Heirs,  or  Successors,  shall  make  open 
Proclamation,  within  any  of  the  Ports  of  our  Realm  of  England, 
commodious  for  that  Purpose,  That  the  said  Person  or  Persons, 
having  committed  any  such  Robbery  or  Spoil,  shall,  within  the 
Term  to  be  limited  by  such  Proclamations,  make  full  Restitution 
or  Satisfaction  of  all  such  Injuries  done,  so  as  the  said  Princes, 
or  others,  so  complaining,  may  hold  themselves  fully  satisfied 
and  contented;  And  that,  if  the  said  Person  or  Persons,  having 
committed  such  Robbery  or  Spoil,  shall  not  make,  or  cause  to 
be  made,  Satisfaction  accordingly,  within  such  Time  so  to  be 
limited,  That  then  it  shall  be  lawful  to  Us,  our  Heirs,  and  Suc 
cessors,  to  put  the  said  Person  or  Persons,  having  committed 
such  Robbery  or  Spoil,  and  their  Procurers,  Abetters,  or  Com 
forters,  out  of  our  Allegiance  and  Protection;  And  that  it  shall 
be  lawful  and  free,  for  all  Princes  and  others,  to  pursue  with 
Hostility  the  said  Offenders,  and  every  of  them,  and  their  and 
every  of  their  Procurers,  Aiders,  Abetters,  and  Comforters,  in 
that  Behalf. 

XVIII.  AND  finally,  we  do,  for  Us,  our  Heirs,  and  Successors, 


10  FIRST  CHARTER  OF  VIRGINIA  [April  10/20 

GRANT  and  agree,  to  and  with  the  said  Sir  Thomas  Gates,  Sir 
George  Somers,  Richard  Hackluit,  and  Edward- Maria  Wingfield, 
and  all  others  of  the  said  first  Colony,  that  We,  our  Heirs,  and 
Successors,  upon  Petition  in  that  Behalf  to  be  made,  shall,  by 
Letters-patent  under  the  Great  Seal  of  England,  GIVE  and  GRANT 
unto  such  Persons,  their  Heirs,  and  Assigns,  as  the  Council  of 
that  Colony,  or  the  most  Part  of  them,  shall,  for  that  Purpose 
nominate  and  assign,  all  the  Lands,  Tenements,  and  Heredita 
ments,  which  shall  be  within  the  Precincts  limited  for  that  Colony, 
as  is  aforesaid,  To  BE  HOLDEN  of  Us,  our  Heirs,  and  Successors, 
as  of  our  Manor  at  East-  Greenwich  in  the  County  of  Kent,  in 
free  and  common  Soccage  only,  and  not  in  Capite : 

XIX.  AND  do,  in  like  Manner,  Grant  and  Agree,  for  Us,  our 
Heirs,  and  Successors,  to  and  with  the  said  Thomas  Hanham, 
Ralegh   Gilbert,    William  Parker,   and  George  Popham,  and  all 
others  of  the  said  second  Colony,  That  We,  our  Heirs,  and  Suc 
cessors,  upon  Petition  in  that  Behalf  to  be  made,  shall,  by  Letters- 
patent  under  the  Great  Seal  of  England,  GIVE  and  GRANT  unto 
such  Persons,  their  Heirs,  and  Assigns,  as  the  Council  of  that 
Colony,  or  the  most  Partpf  them,  shall,  for  that  Purpose,  nomi 
nate  and  assign,  all  the  Lands,  Tenements,  and  Hereditaments, 
which  shall  be  within  the  Precincts  limited  for  that  Colony,  as  is 
aforesaid,  To  BE  HOLDEN  of  Us,  our  Heirs,  and  Successors,  as  of 
our  Manour  of  East- Greenwich  in  the  County  of  Kent,  in  free 
and  common  Soccage  only,  and  not  in  Capite. 

XX.  ALL  which  Lands,  Tenements,  and  Hereditaments,  so  to 
be  passed  by  the  said  several  Letters-patent,  shall  be  sufficient 
Assurance  from  the  said  Patentees,  so  distributed  and  divided 
amongst  the  Undertakers  for  the  Plantation  of  the  said  several 
Colonies,  and  such  as  shall  make  their  Plantations  in  either  of 
the  said  several  Colonies,  in  such  Manner  and  Form,  and  for  such 
Estates,  as  shall  be  ordered  and  set  down  by  the  Council  of  the 
said  Colony,  or  the  most  Part  of  them,  respectively,  within  which 
the  same  Lands,  Tenements,  and  Hereditaments  shall  lye  or  be; 
Although  express  Mention  of  the  true  yearly  Value  or  Certainty  of 
the  Premises,  or  any  of  them,  or  of  any  other  Gifts  or  Grants,  by 

Js  or  any  of  our  Progenitors  or  Predecessors,  to  the  aforesaid  Sir 
Thomas  Gates,  Knt.  Sir  George  Somers,  Knt.  Richard  Hackluit, 
Edward-Maria  Wingfield,  Thomas  Hanham,  Raleigh  Gilbert, 
William  Parker,  and  George  Popham,  or  any  of  them,  heretofore 


1606]  SECOND   CHARTER  OF  VIRGINIA  II 

made,  in  these  Presents,  is  not  made;  Or  any  Statute,  Act, 
Ordinance,  or  Provision,  Proclamation,  or  Restraint,  to  the  con 
trary  hereof  had,  made,  ordained,  or  any  other  Thing,  Cause,  or 
Matter  whatsoever,  in  any  wise  notwithstanding.  .  .  . 


No.   2.    Second  Charter  of  Virginia 

May  23/June  2,  1609 

IN  January,  1609,  Newport  returned  from  Virginia,  bringing  various  papers 
setting  forth  the  condition  of  the  colony.  The  first  charter,  in  itself  essentially 
experimental,  had  already  proved  defective;  and  this,  together  with  the  dis 
couraging  outlook  for  the  Company,  led  to  an  application  for  a  new  charter, 
with  larger  and  more  specific  privileges.  The  first  drafts  of  both  the  second 
and  the  third  charters,  annexed  to  the  petitions,  were  probably  drawn  by  Sir 
Edwin  Sandys,  but  the  final  form  in  each  case  was  the  work  of  Sir  Henry 
Hobart,  attorney-general,  and  Sir  Francis  Bacon,  solicitor-general.  With  the 
second  charter  the  connection  between  the  Plymouth  Company  and  the  London 
Company  ceased,  and  the  latter  became  a  separate  corporate  body. 

REFERENCES. —  Text  in  Stith's  History  of  Virginia  (Sabin's  ed.,  1865), 
Appendix  II.  See  Brown's  First  Republic  in  America,  73-165,  and  authori 
ties  under  No.  I. 

[The  charter  begins  with  a  recital  of  the  grant  of  1606,  and 
continues :] 

II.  Now,  forasmuch  as  divers  and  sundry  of  our  loving  Sub 
jects,  as  well  Adventurers,  as  Planters,  of  the  said  first  Colony, 
which  have  already  engaged  themselves  in  furthering  the  Business 
of  the  said  Colony  and  Plantation,  and  do  further  intend,  by  the 
Assistance  of  Almighty  God,  to  prosecute  the  same  to  a  happy 
End,  have  of  late  been  humble  Suitors  unto  Us,  that  (in  Respect 
of  their  great  Charges  and  the  Adventure  of  many  of  their  Lives, 
which  they  have  hazarded  in  the  said  Discovery  and  Plantation 
of  the  said  Country)  We  would  be  pleased  to  grant  them  a  further 
Enlargement  and  Explanation  of  the  said  Grant,  Privileges,  and 
Liberties,  and  that  such  Counsellors,  and  other  Officers,  may  be 
appointed  amongst  them,  to  manage  and  direct  their  affairs,  as  are 
willing  and  ready  to  adventure  with  them,  as  also  whose  Dwellings 
are  not  so  far  remote  from  the  City  of  London,  but  that  they 
may,   at  convenient  Times,  be  ready  at  Hand,   to  give  their 
Advice  and  Assistance,  upon  all  Occasions  requisite. 

III.  WE,  greatly  affecting  the  effectual  Prosecution  and  happy 


12  SECOND  CHARTER  OF  VIRGINIA      [May  237 June  2 

Success  of  the  said  Plantation,  and  commending  their  good  De 
sires  therein,  for  their  further  Encouragement  in  accomplishing 
so  excellent  a  Work,  much  pleasing  to  God,  and  profitable  to  our 
Kingdom,  Do  ...  GIVE,  GRANT,  and  CONFIRM,  to  our  trusty  and 
well-beloved  Subjects,  Robert,  Earl  of  Salisbury  .  .  .  [and others*] 
.  .  .  ;  AND  to  such,  and  so  many,  as  they  do,  or  shall  hereafter, 
admit  to  be  joined  with  them,  in  Form  hereafter  in  these  Presents 
expressed,  whether  they  go  in  their  Persons,  to  be  Planters  there 
in  the  said  Plantation,  or  whether  they  go  not,  but  adventure  their 
Monies,  Goods,  or  Chattels  ;  THAT  they  shall  be  one  Body  or 
Commonalty  perpetual,  and  shall  have  perpetual  Succession,  and 
one  common  Seal,  to  serve  for  the  said  Body  or  Commonalty; 
And  that  they,  and  their  Successors,  shall  be  KNOWN,  CALLED,  and 
INCORPORATED  by  the  Name  of,  The  Treasurer  and  Company  of 
Adventurers  and  Planters  of  the  City  of  London  for  the  first  Colony 
in  Virginia : 

IV.  AND  that  they,  and  their  Successors,  shall  be,  from  hence 
forth,  for  ever  enabled  to  TAKE,  ACQUIRE,  and  PURCHASE,  by  the 
Name  aforesaid  (Licence  for  the  same,  from  Us,  our  Heirs  or 
Successors,  first  had  and  obtained)  any  Manner  of  Lands,  Tene 
ments,   and  Hereditaments,   Goods,   and   Chattels,   within   our 
Realm  of  England,  and  Dominion  of  Wales  : 

V.  AND   that  they,  and  their  Successors,  shall   likewise   be 
enabled,  by  the  Name  aforesaid,  to  PLEAD,  and  BE  IMPLEADED, 
before  any  of  our  Judges  or  Justices,  in  any  of  our  Courts,  and 
in  any  Actions  or  Suits  whatsoever. 

VI.  AND  we  do  also  .  .  .  GIVE,  GRANT  and  CONFIRM,  unto  the  said 
Treasurer  and  Company,  and  their  Successors,  under  the  Reserva 
tions,   Limitations,   and   Declarations,   hereafter  expressed,   all 
those  Lands,  Countries,  and  Territories,  situate,  lying,  and  being, 
in  that  Part  of  America  called  VIRGINIA,  from  the  Point  of  Land, 
called  Cape  or  Point  Comfort,  all  along  the  Sea  Coast,  to  the 
Northward  two  hundred  Miles,  and  from  the  said  Point  of  Cape 
Comfort,  all  along  the  Sea  Coast,  to  the  Southward  two  hundred 
Miles,  and  all  that  Space  and  Circuit  of  Land,  lying  from  the  Sea 
Coast  of  the  Precinct  aforesaid,  up  into  the  Land,  throughout 

"  The  incorporators  of  this  charter  were  56  city  companies  of  London  and  659 
s;  of  whom  21  were  peers,  96  knights,  n  doctors,  ministers,  etc.,  53  captains, ' 
esquires,  58  gentlemen,  no  merchants,  and  282  citizens  and  others  not  classi 
fied."    Brown's  Genesis  of  the  United  States,  I.,  228,  note  i.    The  list  of  incorpo 
rators  is  given  in  full  by  Brown. 


1609]  SECOND   CHARTER  OF  VIRGINIA  13 

from  Sea  to  Sea,  West,  and  Northwest;  And  also  all  the  Islands, 
lying  within  one  hundred  Miles,  along  the  Coast  of  both  Seas  of 
the  Precinct  aforesaid;  .  .  . 

VII.  AND  nevertheless,  our  Will  and  Pleasure  is,  and  we  do, 
by  these   Presents,  charge,  command,  warrant,  and   authorise, 
that  the  said  Treasurer  and  Company,  or  their  Successors,  or  the 
major  Part  of  them,  which  shall  be  present  and  assembled  for 
that  Purpose,  shall,  from  time  to  time,  under  their  Common  Seal, 
DISTRIBUTE,  convey,  assign,  and  set  over,  such  particular  Por 
tions  of  Lands,  Tenements,  and  Hereditaments,  by  these  Presents, 
formerly  granted,  unto  such  our  loving  Subjects,  naturally  born, 
or  Denizens,  or  others,  as  well  Adventurers  as  Planters,  as  by  the 
said  Company  (upon  a  Commission  of  Survey  and  Distribution, 
executed  and  returned  for  that  Purpose),  shall  be  nominated, 
appointed,  and  allowed;  Wherein  our  Will  and  Pleasure  is,  that 
Respect  be  had,  as  well  of  the  Proportion  of  the  Adventurer,  as 
to  the  special  Service,  Hazard,  Exploit,  or  Merit  of  any  Person, 
so  to  be  recompenced,  advanced,  or  rewarded. 

VIII.  AND  forasmuch,  as  the  good  and  prosperous  Success  of 
the  said  Plantation  cannot  but  chiefly  depend,  next  under  the 
Blessing  of  God,  and  the  Support  of  our  Royal  Authority,  upon 
the  provident  and  good  Direction  of  the  whole  Enterprize,  by  a 
careful  and  understanding  Council,  and  that  it  is  not  convenient, 
that  all  the  Adventurers  shall  be  so  often  drawn  to  meet  and 
assemble,  as  shall  be  requisite  for  them  to  have  Meetings  and 
Conference  about  the  Affairs  thereof;  Therefore  we  DO  ORDAIN, 
establish,  and  confirm,  that  there  shall  be  perpetually  one  COUNCIL 
here  resident,  according  to  the  Tenour  of  our  former  Letters- 
patents;  Which  Council  shall  have  a  Seal,  for  the  better  Govern 
ment  and  Administration  of  the  said  Plantation,  besides  the  legal 
Seal  of  the  Company  or  Corporation,  as  in  our  former  Letters- 
patents  is  also  expressed. 

[Section  IX.  names  the  members  of  the  council.] 

X.  AND  the  said  Sir  Thomas  Smith  we  do  ORDAIN  to  be 
Treasurer  of   the  said  Company;    which  Treasurer  shall   have 
Authority  to  give  Order,  for  the  Warning  of  the  Council,  and 
summoning  the  Company,  to  their  Courts  and  Meetings. 

XI.  AND  the  said  Council  and  Treasurer,  or  any  of  them,  shall 
be  from  henceforth,  nominated,  chosen,  continued,  displaced, 
changed,  altered,  and  supplied,  as  Death,  or  other  several  Occa- 


14  SECOND  CHARTER  OF  VIRGINIA      [May  23/June  2 

sions,  shall  require,  out  of  the  Company  of  the  said  Adventurers, 
by  the  Voice  of  the  greater  Part  of  the  said  Company  and  Adven 
turers,  in  their  Assembly  for  that  Purpose:  PROVIDED  always, 
That  every  Counsellor,  so  newly  elected,  shall  be  presented  to 
the  Lord  Chancellor  of  England,  or  to  the  Lord  High  Treasurer 
of  England,  or  to  the  Lord  Chamberlain  of  the  Household  of  Us, 
our  Heirs,  and  Successors,  for  the  time  being,  to  take  his  Oath 
of  a  Counsellor  to  Us,  our  Heirs,  and  Successors,  for  the  said 
Company  of  Adventurers  and  Colony  in  Virginia. 

*        *        *        *        *        #        *        *        *        *    .    * 

XIII.  AND  further  ...  we  do,  by  these  Presents,  GIVE  and 
GRANT  full  Power  and  Authority  to  our  said  Council,  here  resi 
dent,  as  well  at  this  present  Time,  as  hereafter  from  time  to 
time,  to  nominate,  make,  constitute,  ordain,  and  confirm,  by 
such  Name  or  Names,  Stile  or  Stiles,  as  to  them  shall  seem  good, 
And  likewise  to  revoke,  discharge,  change,  and  alter,  as  well  all 
and  singular  Governors,  Officers,  and  Ministers,  which  already 
have  been  made,  as  also  which  hereafter  shall  be  by  them  thought 
fit  and  needful  to  be  made  or  used,  for  the  Government  of  the 
said  Colony  and  Plantation : 

XIV.  AND  also  to  make,  ordain,  and  establish  all  Manner  of 
Orders,  Laws,  Directions,  Instructions,  Forms,  and  Ceremonies 
of  Government  and  Magistracy,  fit  and  necessary,  for  and  con 
cerning  the  Government  of  the  said  Colony  and  Plantation;  And 
the  same,  at  all  times  hereafter,  to  abrogate,  revoke,  or  change, 
not  only  within  the  Precincts  of  the  said  Colony,  but  also  upon 
the  Seas  in  going  and  coming,  to  and  from  the  said  Colony,  as 
they,  in  their  good  Discretion,  shall  think  to  be  fittest  for  the 
Good  of  the  Adventurers  and  Inhabitants  there. 

*********** 
XVI.  AND  we  do  further,  by  these  Presents,  ORDAIN  and  estab 
lish,  that  the  said  Treasurer  and  Council  here  resident,  and  their 
Successors,  or  any  four  of  them,  being  assembled  (the  Treasurer 
being  one)  shall,  from  time  to  time,  have  full  Power  and  Author 
ity,  to  admit  and  receive  any  other  Person  into  their  Company, 
Corporation,  and  Freedom;  And  further,  in  a  General  Assembly 
of  the  Adventurers,  with  the  Consent  of  the  greater  Part,  upon 
good  Cause,  to  disfranchise  and  put  out  any  Person  or  Persons, 
out  of  the  said  Freedom  or  Company. 


1609]  SECOND  CHARTER  OF  VIRGINIA  15 

XIX.  AND  for  their  further  Encouragement  ...  we  do  ... 
YIELD  and  GRANT,  to  and  with  the  said  Treasurer  and  Company, 
and  their  Successors,  and  every  of  them,  their  Factors,  and 
Assigns,  that  they,  and  every  of  them,  shall  be  free  of  all  Sub 
sidies  and  Customs  in  Virginia,  for  the  Space  of  one  and  twenty 
Years,  and  from  all  Taxes  and  Impositions,  for  ever,  upon  any 
Goods  or  Merchandises,  at  any  time  or  times  hereafter,  either 
upon  Importation  thither,  or  Exportation  from  thence,  into  our 
Realm  of  England,  or  into  any  other  of  our  Realms  or  Dominions, 
by  the  said  Treasurer  and  Company,  and  their  Successors,  their 
Deputies,  Factors,  or  Assigns,  or  any  of  them :  EXCEPT  only  the 
five  Pounds  per  Cent,  due  for  Custom,  upon  all  such  Goods  and 
Merchandises,  as  shall  be  brought  or  imported  into  our  Realm  of 
England,  or  any  other  of  these  our  Dominions,  according  to  the 
ancient  Trade  of  Merchants;  WHICH  FIVE  POUNDS  per  Cent.  ONLY 
being  paid,  it  shall  be  thenceforth  lawful  and  free  for  the  said 
Adventurers,  the  same  Goods  and  Merchandises  to  export,  and 
carry  out  of  our  said  Dominions,  into  foreign  Parts,  without  any 
Custom,  Tax,  or  other  Duty,  to  be  paid  to  us,  our  Heirs,  or  Suc 
cessors,  or  to  any  other  our  Officers  or  Deputies :  PROVIDED,  that 
the  said  Goods  and  Merchandises  be  shipped  out,  within  thir 
teen  Months,  after  their  first  Landing  within  any  Part  of  these 
Dominions. 

*********** 

XXIII.  AND  forasmuch,  as  it  shall  be  necessary  for  all  such 
our  loving  Subjects,  as  shall  inhabit  within  the  said  Precincts  of 
Virginia,  aforesaid,  to  determine  to  live  together,  in  the  Fear 
and  true  Worship  of  Almighty  God,  Christian  Peace,  and  civil 
Quietness,  each  with  other,  whereby  every  one  may,  with  more 
Safety,  Pleasure,  and  Profit,  enjoy  that,  whereunto  they  shall 
attain  with  great  Pain  and  Peril;  WE  ...  do  GIVE  and  GRANT 
unto  the  said  Treasurer  and  Company,  and  their  Successors,  and 
to  such  Governors,  Officers,  and  Ministers,  as  shall  be,  by  our 
said  Council,  constituted  and  appointed,  according  to  the  Natures 
and  Limits  of  their  Offices  and  Places  respectively,  that  they 
shall  and  may,  from  time  to  time  for  ever  hereafter,  within  the 
said  Precincts  of  Virginia,  or  in  the  way  by  Sea  thither  and  from 
thence,  have  full  and  absolute  Power  and  Authority,  to  correct, 
punish,  pardon,  govern,  and  rule,  all  such  the  Subjects  of  Us 
...  as  shall,  from  time  to  time,  adventure  themselves  in  any 


1 6  SECOND  CHARTER  OF  VIRGINIA       [May  23/ June  2 

Voyage  thither,  or  that  shall,  at  any  time  hereafter,  inhabit  in 
the  Precincts  and  Territories  of  the  said  Colony,  as  aforesaid, 
according  to  such  Orders,  Ordinances,  Constitutions,  Directions, 
and  Instructions,  as  by  our  said  Council,  as  aforesaid,  shall  be 
established;  And  in  Defect  thereof,  incase  of  Necessity,  accord 
ing  to  the  good  Discretions  of  the  said  Governor  and  Officers, 
respectively,  as  well  in  Cases  capital  and  criminal  as  civil,  both 
marine  and  other;  So  always,  as  the  said  Statutes,  Ordinances, 
and  Proceedings,  as  near  as  conveniently  may  be,  be  agreeable 
to  the  Laws,  Statutes,  Government,  and  Policy  of  this  our  Realm 
of  England. 

XXIV.  AND  we  do  further  .  .  .  GRANT,  DECLARE,  and  ORDAIN, 
that  such  principal  Governor,  as,  from  time  to  time,  shall  duly 
and  lawfully  be  authorised  and  appointed,  in  Manner  and  Form 
in  these  Presents  heretofore  expressed,  shall  have  full  Power  and 
Authority,  to  use  and  exercise  Martial  Law,  in  Cases  of  Rebellion 
or  Mutiny,  in  as  large  and  ample  Manner,  as  our  Lieutenants  in 
our  Counties,  within  this  our  Realm  of  England,  have,  or  ought 
to  have,  by  Force  of  their  Commissions  of  Lieutenancy. 
########### 

XXIX.  AND  lastly,  because  the  principal  Effect,  which  we  can 
desire  or  expect  of  this  Action,  is  the  Conversion  and  Reduction 
of  the  People  in  those  Parts  unto  the  true  Worship  of  God  and 
Christian  Religion,  in  which  Respect  we  should  be  loath,  that 
any  Person  should  be  permitted  to  pass,  that  we  suspected  to 
affect  the  superstitions  of  the  Church  of  Rome ;  We  do  hereby 
DECLARE,  that  it  is  our  Will  and  Pleasure,  that  none  be  permitted 
to  pass  in  any  Voyage,  from  time  to  time  to  be  made  into  the 
said  Country,  but  such,  as  first  shall  have  taken  the  Oath  of 
Supremacy;  For  which  Purpose,  we  do,  by  these  Presents,  give 
full  Power  and  Authority,  to  the  Treasurer  for  the  time  being, 
and  any  three  of  the  Council,  to  tender  and  exhibit  the  said  Oath, 
to  all  such  Persons,  as  shall  at  any  time,  be  sent  and  employed 
in  the  said  Voyage.  .  .  . 


1609]  THIRD  CHARTER  OF  VIRGINIA  17 

No.  3.   Third  Charter  of  Virginia 

March  12/22,  1611/12 

THE  immediate  reason  for  the  third  charter  of  Virginia  was  the  desire  to 
include  within  the  limits  of  the  Company  the  Bermudas,  or  Somers  Islands, 
respecting  whose  beauty,  fertility,  and  wealth  glowing  reports  had  been  re 
ceived;  but  the  failure  of  many  subscribers  to  pay  their  subscriptions,  and  the 
consequent  low  state  of  the  treasury,  emphasized  the  need  of  stronger  powers 
of  control.  The  petition  was  probably  granted  before  November,  1610;  but 
the  names  of  subscribers  were  obtained  with  difficulty,  and  it  was  March,  1612, 
before  the  charter  passed  the  seals.  The  rights  in  the  Bermudas  were  subse 
quently  sold  by  the  Company  to  some  of  its  own  members,  who,  in  1614, 
obtained  a  charter  as  the  Somers  Islands  Company.  The  Virginia  charter  of 
1612  was  annulled  by  writ  of  quo  ivarranto  in  1624. 

REFERENCES. —  Text  in  Stith's  History  of  Virginia  (Sabin's  ed.,  1865), 
Appendix  III.  Hening's  Statutes  at  Large,  I.,  gives  the  early  laws  of  the 
colony.  The  royal  proclamation  of  1625  is  in  Hazard's  Historical  Collections, 
I.,  203-205.  See  also  :  Proceedings  of  the  Virginia  Company,  1619-1624.  (in 
Va.  Hist.  Soc.,  Collections,  VIL,  VIII.);  Brown's  First  Republic  in  America, 
165-648;  and  authorities  under  No.  I. 

[The  charter  begins  with  a  recital  of  the  grant  of  1609,  and 
continues:] 

III.  Now,  forasmuch  as  we  are  given  to  understand,  that  in  those 
Seas,  adjoining  to  the  said  Coasts  of  Virginia,  and  without  the 
Compass  of  those  two  hundred  Miles,  by  Us  so  granted  unto  the 
said  Treasurer  and  Company,  as  aforesaid,  and  yet  not  far  distant 
from  the  said  Colony  in  Virginia,  there  are,  or  may  be,  divers 
Islands,  lying  desolate  and  uninhabited,  some  of  which  are  already 
made  known  and  discovered,  by  the  Industry,  Travel,  and  Ex- 
pences  of  the  said  Company,  and  others  also  are  supposed  to  be 
and  remain,  as  yet,  unknown  and  undiscovered,  all  and  every  of 
which  it  may  import  the  said  Colony,  both  in  Safety  and  Policy 
of  Trade,  to  populate  and  plant,  in  Regard  whereof,  as  well  for 
the  preventing  of  Peril,  as  for  the  better  Commodity  and  Pros 
perity  of  the  said  Colony,  they  have  been  humble  Suitors  unto 
us,  that  we  would  be  pleased  to  grant  unto  them  an  Enlargement 
of  our  said  former  Letters  Patents,  as  well  for  a  more  ample 
Extent  of  their  Limits  and  Territories  into  the  Seas,  adjoining 
to  and  upon  the  Coast  of  Virginia,  as  also  for  some  other  Matters 
and  Articles,  concerning  the  better  Government  of  the  said  Com 
pany  and  Colony,  in  which  Point  our  said  former  Letters  Patents 


jg  THIRD   CHARTER  OF  VIRGINIA         [March  12/22 

do  not  extend  so  far,  as  Time  and  Experience  hath  found  to  be 
needful  and  convenient: 

IV.  WE  therefore,  tendering  the  good  and  happy  Success  of 
the  said  Plantation,  both  in  Regard  of  the  general  Weal  of  human 
Society,  as  in  Respect  of  the  Good  of  our  own  Estate  and  King 
doms,  and  being  willing  to  give  Furtherance  unto  all  good  Means, 
that  may  advance  the  Benefit  of  the  said  Company,  and  which 
may  secure  the  Safety  of  our  loving  Subjects,  planted  in  our  said 
Colony  under  the  Favour  and  Protection  of  God  Almighty,  and 
of  our  Royal  Power  and  Authority  .  .  .,  do,  by  these  Presents, 
GIVE,  GRANT,  and  CONFIRM  to  the  said  Treasurer  and  Company 
of  Adventurers  and  Planters  of  the  city  of  London  for  the  first 
Colony  in  Virginia,  and  to  their  Heirs  and  Successors,  for  ever, 
all  and  singular  those  Islands  whatsoever,  situate  and  being  in 
any  Part  of  the  Ocean  Seas  bordering  upon  the  Coast  of  our  said 
first  Colony  in  Virginia,  and  being  within  three  hundred  Leagues 
of  any  of  the  Parts  heretofore  granted  to  the  said  Treasurer  and 
Company,  in  our  said  former  Letters  Patents,  as  aforesaid,  and  be 
ing  within  or  between  the  one  and  fortieth  and  thirtieth  Degrees 
of  Northerly  Latitude;  .  .  .  Provided  always,  that  the  said 
Islands,  or  any  the  Premises  herein  mentioned,  or  by  these 
Presents  intended  or  meant  to  be  granted,  be  not  actually  pos 
sessed  or  inhabited  by  any  other  Christian  Prince  or  Estate,  nor 
be  within  the  Bounds,  Limits,  or  Territories  of  the  Northern 
Colony,  heretofore  by  Us  granted  to  be  planted  by  divers  of  our 
loving  Subjects,  in  the  North  Parts  of  Virginia  .  .  . 

**######### 

VII.  AND  We  do  hereby  ORDAIN  and  GRANT,  by  these  Presents, 
that  the  said  Treasurer  and  Company  of  Adventurers  and  Planters 
aforesaid,  shall  and  may,  once  every  Week,  or  oftener,  at  their 
Pleasure,  hold  and  keep  a  Court  and  Assembly,  for  the  better 
Order  and  Government  of  the  said  Plantation,  and  such  things, 
as  shall  concern  the  same;  And  that  any  five  Persons  of  our 
Council  for  the  said  first  Colony  in  Virginia,  for  the  time  being, 
of  which  Company  the  Treasurer,  or  his  Deputy,  to  be  always 
one,  and  the  Number  of  fifteen  others,  at  the  least,  of  the  Gener 
ality  of  the  said  Company,  assembled  together  in  such  Manner, 
as  is  and  hath  been  heretofore  used  and  accustomed,  shall  be 
said,  taken,  held,  and  reputed  to  be,  and  shall  be  a  sufficient 
Court  of  the  said  Company,  for  the  handling,  and  ordering, 'and 


i6ii/i2]  THIRD  CHARTER  OF  VIRGINIA  1 9 

dispathcing  [dispatching]  of  all  such  casual  and  particular  Occur 
rences,  and  accidental  Matters,  of  less  Consequence  and  Weight, 
as  shall,  from  time  to  time,  happen,  touching  and  concerning  the 
said  Plantation : 

VIII.  AND  that  nevertheless,  for  the  handling,  ordering,  and 
disposing  of  Matters  and  Affairs  of  greater  Weight  and  Impor 
tance,  and  such,  as  shall  or  may,  in  any  Sort,  concern  the  Weal 
Publick  and  general  Good  of  the  said  Company  and  Plantation, 
as  namely,  the  Manner  of  Government  from  time  to  time  to  be 
used,  the  Ordering^  and  Disposing  of  the  Lands  and  Possessions, 
and  the  Settling  and  Establishing  of  a  Trade  there,  or  such  like, 
there  shall  be  held  and  kept,  every  Year^_  upon  the  last  Wednes 
day,  save  one,  of  Hillary  Term,  Easter,  Trinity,  and  Michaelmas 
Terms,  for  ever,  one  great,  general,  and  solemn  Assembly,  which 
four  Assemblies  shall  be  stiled  and  called,*  The  four  Great  and 
General  Courts  of  the  Council  and  Company  of  Adventurers  for 
Virginia  ;  In  all  and  every  of  which  said  Great  and  General  Courts, 
so  assembled  .  .  .,  the  said  Treasurer  and  Company,  or  the  greater 
Number  of  them,  so  assembled,  shall  and  may  have  full  Power 
and  Authority,  from  time  to  time,  and  at  all  times  hereafter,  to 
elect  and  chuse  discreet  Persons,  to  be  of  our  said  Council  for 
the  said  first  Colony  in  Virginia,  and  to  nominate  and  appoint 
such  Officers,  as  they  shall  think  fit  and  requisite,  for  the  Govern 
ment,  Managing,  Ordering,  and  Dispatching  of  the  Affairs  of  the 
said  Company;  And  shall  likewise  have  full  Power  and  Authority, 
to  ordain  and  make  such  Laws  and  Ordinances,  for  the  Good  and 
Welfare  of  the  said  Plantation,  as  to  them,  from  time  to  time,  shall 
be  thought  requisite  and  meet :  So  always,  as  the  same  be  not  con 
trary  to  the  Laws  and  Statutes  of  this  our  Realm  of  England.  .  .  . 
*********** 

XIV.  AND  furthermore,  whereas  we  have  been  certified,  that 
divers  lewd  and  ill-disposed  Persons,  both  Sailers,  Soldiers,  Ar~ 
tificers,  Husbandmen,  Labourers,  and  others,  having  received 
Wages,  Apparel,  and  other  Entertainment  from  the  said  Com 
pany,  or  having  contracted  and  agreed  with  the  said  Company,  to 
go,  or  to  serve,  or  to  be  employed  in  the  said  Plantation  of  the 
said  first  Colony  in  Virginia,  have  afterwards,  either  withdrawn, 
hid,  or  concealed  themselves,  or  have  refused  to  go  thither,  after 
they  have  been  so  entertained  and  agreed  withal;  And  that 
divers  and  sundry  Persons  also,  which  have  been  sent  and  em- 


2Q  THIRD   CHARTER   OF  VIRGINIA        [March  12/22 

ployed  in  the  said  Plantation  of  the  said  first  Colony  in  Virginia, 
at  and  upon  the  Charge  of  the  said  Company,  and  having  there 
misbehaved  themselves  by  Mutinies,  Sedition,  or  other  notorious 
Misdemeanors,  or  having  been  employed  or  sent  abroad,  by  the 
Governor  of  Virginia  or  his  Deputy,  with  some  Ship  or  Pinnace, 
for  our  Provision  of  the  said  Colony,  or  for  some  Discovery,  or 
other  Business  and  Affairs,  concerning  the  same,  have  from  thence 
most  treacherously,  either  come  back  again  and  returned  into  our 
Realm  of  England,  by  Stealth,  or  without  Licence  of  our  Governor 
of  our  said  Colony  in  Virginia  for  the  time  being,  or  have  been 
sent  hither,  as  Misdoers  and  Offenders;  And  that  many  also  of 
those  Persons,  after  their  Return  from  thence,  having  been  ques 
tioned  by  our  said  Council  here,  for  such  their  Misbehaviors  and 
Offences,  by  their  insolent  and  contemptuous  Carriage  in  the 
Presence  of  our  said  Council,  have  shewed  little  Respect  and 
Reverence,  either  to  the  Place,  or  Authority,  in  which  we  have 
placed  and  appointed  them;  And  others,  for  the  colouring  of 
their  Levvdness  and  Misdemeanors  committed  in  Virginia,  have 
endeavoured,  by  most  vile  and  slanderous  Reports,  made  and 
divulged,  as  well  of  the  Country  of  Virginia,  as  also  of  the  Gov 
ernment  and  Estate  of  the  said  Plantation  and  Colony,  as  much  as 
in  them  lay,  to  bring  the  said  Voyage  and  Plantation  into  Dis 
grace  and  Contempt;  By  Means  whereof,  not  only  the  Adventurers 
and  Planters,  already  engaged  in  the  said  Plantation,  have  been 
exceedingly  abused  and  hindered,  and  a  great  Number  of  other 
our  loving  and  well-disposed  Subjects,  otherwise  well-affected, 
and  inclined  to  join  and  adventure  in  so  noble,  Christian,  and 
worthy  an  Action,  have  been  discouraged  from  the  same,  but 
also  the  utter  Overthrow  and  Ruin  of  the  said  Enterprise  hath 
been  greatly  endangered,  which  cannot  miscarry  without  some 
Dishonour  to  Us  and  our  Kingdom; 

XV.  Now,  forasmuch  as  it  appeareth  unto  us,  that  these  Inso 
lences,  Misdemeanors,  and  Abuses,  not  to  be  tolerated  in  any 
civil  Government,  have,  for  the  most  part,  grown  and  proceeded, 
in  regard  our  said  Council  have  not  any  direct  Power  and  Au 
thority,  by  any  express  Words  in  our  former  Letters  Patents,  to 
correct  and  chastise  such  Offenders;  We  therefore,  for  more 
speedy  Reformation  of  so  great  and  enormous  Abuses  and  Mis 
demeanors,  heretofore  practised  and  committed,  and  for  the  pre 
venting  of  the  like  hereafter,  do  ...  GIVE  AND  GRANT  to  the  said 


i6ii/i2]  THIRD   CHARTER   OF  VIRGINIA  21 

Treasurer  and  Company,  and  their  Successors  for  ever,  that  it 
shall  and  may  be  lawful  for  our  said  Council  for  the  said  first 
Colony  in  Virginia,  or  any  two  of  them  (whereof  the  said 
Treasurer,  or  his  Deputy  .  .  .,  to  be  always  one)  by  Warrant 
under  their  Hands,  to  send  for,  or  to  cause  to  be  apprehended, 
all  and  every  such  Person  and  Persons,  who  shall  be  noted,  or 
accused,  or  found,  at  any  time  or  times  hereafter,  to  offend,  or 
misbehave  themselves,  in  any  the  Offences  before  mentioned  and 
expressed;  And  upon  the  Examination  of  any  such  Offender  or 
Offenders,  and  just  Proof  made  by  Oath,  taken  before  the  said 
Council,  of  any  such  notorious  Misdemeanors  by  them  committed, 
as  aforesaid;  And  also  upon  any  insolent,  and  contemptuous,  or 
indecent  Carriage  and  Misbehaviour,  to  or  against  our  said  Coun 
cil,  shewed  or  used  by  any  such  Person  or  Persons,  so  called, 
convented,  and  appearing  before  them,  as  aforesaid;  That  in  all 
such  Cases,  they,  our  said  Council,  or  any  two  of  them,  for  the 
time  being,  shall  and  may  have  full  Power  and  Authority,  either 
here  to  bind  them  over  with  good  Sureties  for  their  good  Be 
haviour,  and  further  therein  to  proceed,  to  all  Intents  and  Pur 
poses,  as  it  is  used,  in  other  like  Cases,  within  our  Realm  of 
England;  Or  else,  at  their  Discretions,  to  remand  and  send  back, 
the  said  Offenders,  or  any  of  them,  unto  the  said  Colony  in  Vir 
ginia  t  there  to  be  proceeded  against  and  punished,  as  the  Gov 
ernor,  Deputy,  or  Council  there  .  .  .  shall  think  meet;  or  other 
wise,  according  to  such  Laws  and  Ordinances,  as  are  and  shall 
be  in  Use  there,  for  the  Well-ordering  and  good  Government  of 
the  said  Colony. 

XVI.  AND  for  the  more  effectual  Advancing  of  the  said  Plan 
tation,  we  do  further  .  .  .  GIVE  and  GRANT,  unto  the  said  Treasurer 
and  Company,  full  Power  and  Authority,  free  Leave,  Liberty,  and 
Licence,  to  set  forth,  erect,  and  publish,  one  or  more  Lottery  or 
Lotteries,  to  have  Continuance,  and  to  endure  and  be  held,  for 
the  Space  of  our  [one]  whole  Year,  next  after  the  Opening  of  the 
same;  And  after  the  End  and  Expiration  of  the  said  Term,  the 
said  Lottery  or  Lotteries  to  continue  and  be  further  kept,  during 
our  Will  and  Pleasure  only,  and  not  otherwise.  And  yet  never 
theless,  we  are  contented  and  pleased,  for  the  Good  and  Welfare 
of  the  said  Plantation,  that  the  said  Treasurer  and  Company 
shall,  for  the  Dispatch  and  Finishing  of  the  said  Lottery  or  Lot 
teries,  have  six  Months  Warning  after  the  said  Year  ended,  before 


22  THIRD   CHARTER  OF  VIRGINIA          [March  12/22 

our  Will  and  Pleasure  shall,  for  and  on  that  Behalf,  be  construed, 
deemed,  and  adjudged,  to  be  in  any  wise  altered  and  determined. 

XVII.  AND  our  further  Will   and  Pleasure  is,  that  the   said 
Lottery  and  Lotteries  shall  and  may  be  opened  and  held,  within 
our  City  of  London,  or  in  any  other  City  or  Town,  or  elsewhere, 
within  this  our  Realm  of  England,  with  such  Prizes,  Articles, 
Conditions,  and  Limitations,  as  to  them,  the  said  Treasurer  and 
Company,  in  their  Discretions,  shall  seem  convenient : 

XVIII.  AND  it  shall  and  may  be  lawful,  to  and  for  the  said 
Treasurer  and  Company,  to  elect  and  choose  Receivers,  Auditors, 
Surveyors,  Commissioners,  or  any  other  Officers  whatsoever,  at 
their  Will  and  Pleasure,  for  the  better  marshalling,  disposing, 
guiding,  and  governing  of  the  said  Lottery  and  Lotteries;  And 
that  it  shall  likewise  be  lawful,  to  and  for  the  said  Treasurer  and 
any  two  of  the  said  Council,  to  minister  to  all  and  every  such 
Person,  so  elected  and  chosen  for  Officers,  as  aforesaid,  one  or 
more  Oaths,  for  their  good  Behaviour,  just  and  true  Dealing,  in 
and  about  the  said  Lottery  or  Lotteries,  to  the  Intent  and  Pur 
pose,  that  none  of  our  loving  Subjects,  putting  in  their  Names, 
or  otherwise  adventuring  in  the  said  general  Lottery  or  Lotteries, 
may  be,  in  any  wise,  defrauded  and  deceived  of  their  said  Monies, 
or  evil  and  indirectly  dealt  withal  in  their  said  Adventures. 

XIX.  AND  we  further  GRANT,  in  Manner  and  Form  aforesaid, 
that  it  shall  and  may  be  lawful,  to  and  for  the  said  Treasurer  and 
Company,  under  the  Seal  of  our  said  Council  for  the  Plantation, 
to  publish,  or  to  cause  and  procure  to  be  published,  by  Procla 
mation  or  otherwise  (the  said  Proclamation  to  be  made  in  their 
Name,  by  virtue  of  these  Presents)  the  said  Lottery  or  Lotteries, 
in  all  Cities,  Towns,  Burroughs,  and  other  Places,  within 
our  said  Realm  of  England;  And  we  Will  and  Command  all 
Mayors,  Justices  of  Peace,  Sherifs,  Bailiffs,  Constables,  and  other 
Officers  and  loving  Subjects,  whatsoever,  that,  in  no  wise,  they 
hinder  or  delay  the  Progress  and  Proceedings  of  the  said  Lottery 
or  Lotteries,  but  be  therein,  touching  the  Premises,  aiding  and 
assisting,  by  all  honest,  good,  and  lawful  Means  and  Edeavours. 

XX.  And  further,  our  Will  and  Pleasure  is,  that  in  all  Ques 
tions  and  Doubts,  that  shall  arise,  upon  any  Difficulty  of  Con 
struction  or  Interpretation  of  any  Thing,  contained  in  these,  or 
any  other  our  former  Letters-patents,  the  same  shall  be  taken  and 
interpreted,  in  most  ample  and  beneficial  Manner  for  the  said 


i6ii/i2]       PATENT  OF  COUNCIL  FOR  NEW  ENGLAND  23 

Treasurer  and  Company,  and  their  Successors,  and  every  Member 
thereof. 

XXI.  And  lastly,  we  do,  by  these  Presents,  RATIFY  AND  CON 
FIRM  unto  the  said  Treasurer  and  Company,  and  their  Successors, 
for  ever,  all  and  all  Manner  of  Privileges,  Franchises,  Liberties, 
Immunities,  Preheminences,  Profits,  and  Commodities,  whatso 
ever,  granted  unto  them  in  any  our  former  Letters-patents,  and 
not  in  these  Presents  revoked,  altered,  changed,  or  abridged. 


No.  4.    Patent  of  the  Council  for  New 
England 

November  3/13,  1620 

ALTHOUGH  the  attempt  of  the  northern,  or  Plymouth,  Company,  provided 
for  by  the  Virginia  charter  of  1606,  to  establish  a  colony  at  Popham  had  failed, 
the  Company  was  not  disposed  to  favor  the  action  of  the  London  Company  in 
issuing  licenses  for  fishing  voyages  to  the  northward.  Sir  Ferdinando  Gorges, 
the  leading  member  of  the  Plymouth  Company,  had  aided  private  expeditions 
to  the  region  within  the  Company's  grant.  In  March,  1619/20,  Gorges, 
together  with  prominent  members  of  the  nobility  and  others,  petitioned  for  a 
new  charter,  with  the  monopoly  of  fishing.  A  protest  from  the  Virginia  Com 
pany  against  the  monopoly  led  to  a  suggested  compromise,  by  which  each 
colony  was  to  be  given  a  limited  right  of  fishing  within  the  waters  of  the  other; 
but  the  provision  was  not  incorporated  in  the  patent,  and  on  Nov.  3/13, 1620, 
the  charter  passed  the  seals.  A  further  petition  of  the  Virginia  Company, 
alleging  that  the  grant  was  prejudicial  to  their  interests,  delayed  the  delivery 
of  the  patent  until  June  18/28,  1621,  when  Parliament  ordered  its  delivery, 
and  the  incorporation  of  the  fisheries  suggestion  upon  renewal.  The  patent, 
however,  was  never  renewed.  The  influence  of  Gorges  was  sufficient  to  offset 
the  opposition  to  monopolies  in  the  Parliament  of  1621;  but  in  the  session  of 
1623-24  the  patent  was  denounced  as  a  monopoly,  and  the  practical  impor 
tance  of  the  Council  came  to  an  end.  In  July,  1623,  the  territory  of  New 
England  was  divided  by  lot  among  the  patentees.  A  new  partition  was  made 
in  February,  1634/5,  in  anticipation  of  the  surrender  of  the  patent.  None 
of  these  grantees  obtained  royal  charters  except  Gorges,  whose  grant  was 
confirmed,  with  additions,  in  1639,  as  the  Province  of  Maine  (see  No.  15). 
The  patent  of  the  Council  for  New  England  was  surrendered  in  1635,  although 
the  Company  continued  to  exist  for  a  few  years  longer. 

REFERENCES. —  Text  in  Hazard's  Historical  Collections,  I.,  103-118.  The 
records  of  the  Council,  1622-1623,  1631-1638,  are  in  the  Proceedings  of  the 
Amer.  Antiquarian  Society,  1867-68.  See  also  Haven's  History  of  Grants 


24  PATENT  OF  COUNCIL  FOR  NEW  ENGLAND     [Nov.  3/13 

under  the  Great  Council  for  New  England,  in  Mass.  Hist.  Soc.,  Lowell 
Lectures  on  "  Massachusetts  and  its  Early  History  "  ;  Brown's  First  Republic 
in  America,  360-390,  passim. 

[The  patent  begins  by  reciting  the  grant  of  the  Virginia  charter 
of  1606,  and  the  subsequent  separation  of  the  London  and  Ply 
mouth  companies  under  the  charter  of  1609,  and  continues:] 

Now  forasmuch  as  We  have  been  in  like  Manner  humbly  peti 
tioned  unto  by  our  trusty  and  well  beloved  Servant,  Sir  fferdinando 
Gorges,  Knight,  Captain  of  our  ffort  and  Island  by  Plymouth, 
and  by  certain  the  principal  Knights  and  Gentlemen  Adventurers 
of  the  said  Second  Collonye,  and  by  divers  other  Persons  of 
Quality,  who  now  intend  to  be  their  Associates,  divers  of  which 
have  been  at  great  and  extraordinary  Charge,  and  sustained  many 
Losses  in  seeking  and  discovering  a  Place  fitt  and  convenient  to 
lay  the  Foundation  of  a  hopeful  Plantation,  and  have  divers  Years 
past  by  God's  Assistance,  and  their  own  Endeavours,  taken  actual 
Possession  of  the  Continent  hereafter  mentioned,  in  our  Name 
and  to  our  Use,  as  Sovereign  Lord  thereof,  and  have  settled 
already  some  of  our  People  in  Places  agreeable  to  their  Desires 
in  those  Parts,  and  in  Confidence  of  prosperous  Success  therein, 
by  the  Continuance  of  God's  Devine  Blessing,  and  our  Royall 
Permission,  have  resolved  in  a  more  plentifull  and  effectual 
Manner  to  prosecute  the  same,  and  to  that  Purpose  and  Intent 
have  desired  of  Us,  for  their  better  Encouragement  and  Satisfac 
tion  herein,  and  that  they  may  avoide  all  Confusion,  Questions, 
or  Differences  between  themselves,  and  those  of  the  said  first 
Collonye,  We  would  likewise  be  graciously  pleased  to  make  cer- 
taine  Adventurers,  intending  to  erect  and  establish  ffishery,  Trade, 
and  Plantacion,  within  the  Territoryes,  Precincts,  and  Lymitts 
of  the  said  second  Colony,  and  their  Successors,  one  several 
distinct  and  entire  Body,  and  to  grant  unto  them,  such  Estate, 
Liberties,  Priveliges,  Enlargements,  and  Immunityes  there,  as 
in  these  our  Letters-Pattents  hereafter  particularly  expressed  and 
declared.  And  forasmuch  as  We  have  been  certainly  given  to 
understand  by  divers  of  our  good  Subjects,  that  have  for  these 
many  Yeares  past  frequented  those  Coasts  and  Territoryes,  be 
tween  the  Degrees  of  Fourty  and  Fourty-Eight,  that  there  is  noe 
other  the  Subjects  of  any  Christian  King  or  State,  by  any  Authority 
from  their  Soveraignes,  Lords,  or  Princes,  actually  in  Possession 


1 620]  PATENT  OF  COUNCIL   FOR  NEW  ENGLAND  25 

of  any  of  the  said  Lands  or  Precincts,  whereby  any  Right,  Claim, 
Interest,  or  Title,  may  ...  by  that  Meanes  accrue  .  .  .  unto 
them,  or  any  of  them.  And  also  for  that  We  have  been  further 
given  certainly  to  knowe,  that  within  these  late  Yeares  there  hath 
by  God's  Visitation  raigned  a  wonderfull  Plague,  together  with 
many  horrible  Slaughters,  and  Murthers,  committed  amoungst  the 
Savages  and  bruitish  People  there,  heertofore  inhabiting,  in  a 
Manner  to  the  utter  Destruction,  Devastacion,  and  Depopulacion 
of  that  whole  Territorye,  so  that  there  is  not  left  for  many  Leagues 
together  in  a  Manner,  any  that  doe  claime  or  challenge  any  Kind 
of  Interests  therein,  nor  any  other  Superiour  Lord  or  Souveraigne 
to  make  Claime  thereunto,  whereby  We  in  our  Judgment  are  per 
suaded  and  satisfied  that  the  appointed  Time  is  come  in  which 
Almighty  God  in  his  great  Goodness  and  Bountie  towards  Us 
and  our  People,  hath  thought  fitt  and  determined,  that  those  large 
and  goodly  Territoryes,  deserted  as  it  were  by  their  naturall  In 
habitants,  should  be  possessed  and  enjoyed  by  such  of  our  Sub 
jects  and  People  as  heertofore  have  and  hereafter  shall  by  his 
Mercie  and  Favour,  and  by  his  Powerfull  Arme,  be  directed  and 
conducted  thither.  In  Contemplacion  and  serious  Consideracion 
whereof,  Wee  have  thougt  it  fitt  according  to  our  Kingly  Duty, 
soe  much  as  in  Us  lyeth,  to  second  and  followe  God's  sacred 
Will,  rendering  reverend  Thanks  to  his  Divine  Majestic  for  his 
gracious  favour  in  laying  open  and  revealing  the  same  unto  us, 
before  any  other  Christian  Prince  or  State,  by  which  Meanes 
without  Offence,  and  as  We  trust  to  his  Glory,  Wee  may  with 
Boldness  goe  on  to  the  settling  of  soe  hopefull  a  Work,  which 
tendeth  to  the  reducing  and  Conversion  of  such  Savages  as  re- 
maine  wandering  in  Desolacion  and  Distress,  to  Civil  Societie 
and  Christian  Religion,  to  the  Inlargement  of  our  own  Dominions, 
and  the  Advancement  of  the  Fortunes  of  such  of  our  good  Sub 
jects  as  shall  willingly  intresse  themselves  in  the  said  Imployment, 
to  whom  We  cannot  but  give  singular  Commendations  for  their 
soe  worthy  Intention  and  Enterprize;  Wee  therefore  ...  Do  ... 
grant  .  .  .  that  all  that  Circuit,  Continent,  Precincts,  and  Limitts 
in  America,  lying  and  being  in  Breadth  from  Fourty  Degrees  of 
Northerly  Latitude,  from  the  Equnoctiall  Line,  to  Fourty-eight 
Degrees  of  the  said  Northerly  Latitude,  and  in  Length  by  all  the 
Breadth  aforesaid  throughout  the  Maine  Land,  from  Sea  to  Sea, 
with  all  the  Seas,  Rivers,  Islands,  Creekes,  Inletts  Ports,  and 


26  PATENT  OF  COUNCIL  FOR  NEW  ENGLAND     [Nov.  3/13 

Havens,  within  the  Degrees  ...  of  the  said  Latitude  and  Longi 
tude,  shall  be  the  Limitts  ...  of  the  second  Collony :  And  to 
the  End  that  the  said  Territoryes  may  forever  hereafter  be  more 
particularly  and  certainly  known  and  distinguished,  our  Will  and 
Pleasure  is,  that  the  same  shall  from  henceforth  be  nominated, 

termed,  and  called  by  the  Name  of  New-England,  in  America 

And  for  the  better  Plantacion,  ruling,  and  governing  of  the  afore 
said  New-England,  in  America,  We  .  .  .  ordaine  .  .  .  that 
from  henceforth,  there  shall  be  ...  in  our  Towne  of  Plymouth, 
in  the  County  of  Devon,  one  Body  politicque  and  corporate, 
which  shall  have  perpetuall  Succession,  which  shall  consist  of 
the  Number  of  fourtie  Persons,  and  no  more,  which  shall  be, 
and  shall  be  called  and  knowne  by  the  Name  the  Councill  estab 
lished  at  Plymouth,  in  the  County  of  Devon  for  the  planting, 
ruling,  ordering,  and  governing  of  New- England,  in  America; 
and  for  that  Purpose  Wee  have,  at  and  by  the  Nomination  and 
Request  of  the  said  Petitioners,  granted  .  .  .  our  right  trusty  and 
right  well  beloved  Cosins  and  Councillors  Lodowick,  Duke  of 
Lenox,  Lord  Steward  of  our  Houshold,  George  Lord  Marquess 
Buckingham,  our  High  Admiral  of  England,  James  Marquess 
Hamilton,  William  Earle  of  Pembrocke,  Lord  Chamberlaine  of 
our  Houshold,  Thomas  Earl  of  Arundel,  and  our  .  .  .  Cosin, 
William  Earl  of  Bathe,  and  \_our\  .  .  .  Cosin  and  Councellor, 
Henry  Earle  of  Southampton,  and  our  .  .  .  Cousins,  William 
Earle  of  Salisbury,  and  Robert  Earle  of  Warwick,  and  .  .  . 
John  Viscount  Haddington,  and  our  Councellor  Edward  Lord 
Zouch,  Lord  Warden  of  our  Cinque  Ports,  and  .  .  .  Edmond 
Lord  Sheffield,  Edward  Lord  Gorges,  and  .  .  .  Sir  Edward 
Seymour,  Knight  and  Barronett,  Sir  Robert  Manselle,  Sir  Edward 
Zouch,  our  Knight  Marshall,  Sir  Dudley  Diggs,  Sir  Thomas  Roe, 
Sir  fferdinando  Gorges,  Sir  Francis  Popham,  Sir  John  Brook,  Sir 
Thomas  Gates,  Sir  Richard  Hawkins,  Sir  Richard  Edgcombe, 
Sir  Allen  Apsley,  Sir  Warwick  Hale,  Sir  Richard  Catchmay, 
Sir  John  Bourchier,  Sir  Nathaniel  Rich,  Sir  Edward  Giles,  Sir 
Giles  Mompesson,  and  Sir  Thomas  Wroth,  Knights;  and  ... 
Matthew  Suttcliffe,  Dean  of  Exeter,  Robert  Heath,  Esq;  Re 
corder  of  our  Cittie  of  London,  Henry  Bourchier,  John  Drake, 
Rawleigh  Gilbert,  George  Chudley,  Thomas  Hamon,  and  John 
Argall,  Esquires,  to  be  ...  the  first  .  .  .  Councill  .  .  .  [The 
Council  to  have  the  right  to  fill  vacancies  in  their  membership; 


1 620]          PATENT  OF  COUNCIL   FOR  NEW  ENGLAND  2/ 

to  receive,  hold,  and  dispose  of  real  and  personal  property; 
and  to  sue  and  be  sued.     They  shall  elect  from  among  their  num 
ber  a  president,  who  shall  hold  office  during  their  pleasure;  and 
they  shall  have  a  seal.]     And  Wee  do  further  .  .  .  grant .  .  .  that 
it  shall  ...  be  lawfull  .  .  .  for  the  said  Councill  .  .  .,  in  their  dis 
cretions  ...  to  admitt  such  .  .  .  Persons  to  be  made  free  and 
enabled   to   trade  .  .  .  unto  .  .  .  New-England  .  .  . ,  and   unto 
every  Part  and  Parcell  thereof,  or  to  have  .  .  .  any  Lands  or 
Hereditaments   in   New-England  .  .  .,  as  they  shall   think  fitt, 
according  to  the  Laws,  Orders,  Constitutions,  and  Ordinances, 
by  the  said  Councill  and  their  Successors  from  time  to  time  to 
be  made  and  established  by  Virtue  of,  and  according  to  the  true 
Intent  of  these  Presents,  and  under  such  Conditions,  Reserva 
tions,  and  agreements  as  the  said  Councill  shall  set  downe,  order 
and  direct,  and  not  otherwise.     And  further  .  .  .  Wee  .  .  .  grant 
full  Power  and  Authority  to  the  said  Councill  .  .  .  [to]  nomi 
nate,  make,  constitute,  ordaine,  and  confirme  by  such  Name 
or  Names,  Sale  or  Sales,  as  to  them  shall  seeme  Good;  and  like 
wise  to  revoke,  discharge,  change,  and  alter,  as  well  all  and  sin 
gular,  Governors,  Officers,  and  Ministers,  which  hereafter  shall 
be  by  them  thought  fitt  and  needful  to  be  made  or  used,  as  well 
to  attend  the  Business  of  the  said  Company  here,  as  for  the  Gov 
ernment  of  the  said  Collony  and  Plantation,  and  also  to  make 
...  all  Manner  of  Orders,  Laws,  Directions,  Instructions,  Forms, 
and  Ceremonies  of  Government  and  Magistracy  fitt  and  necessary 
for  any  concerning  the  Government  of  the  said  Collony  and  Plan 
tation,  so  always  as  the  same  be  not  contrary  to  the  Laws  and 
Statutes  of   this  our  Realme  of  England,  and  the  same  att  all 
Times  hereafter  to  abrogate,  revoke,  or  change,  not  only  within 
the  Precincts  of  the  said  Collony,  but  also  upon  the  Seas  in  going 
and  coming  to  and  from  the  said  Collony,  as  they  in  their  good 
Discretions  shall  thinke  to  be  fittest  for  the  good  of  the  Adven 
turers  and  Inhabitants  there.     [The  governor  may  exercise  mar 
tial  law,   in  case  of  insurrection,  and  shall  have  full  power  to 
enforce  upon  individuals  the  laws  and  ordinances  of  the  Council. 
Goods  fraudulently  transported  to  a  foreign  country,  under  pre 
tence  of  landing  them  within  the  limits  of  this  grant,  are  to  be 
forfeited,  with  the  vessel.]     And  Wee  do  further  .  .  .  absolutely 
give,  grant,  and  confirm  unto  the  said  Councill  ...  all  the  afore 
said  Lands  .  .  .  together  also,  with   the   Firme  Lands,  Soyles, 


28  PATENT  OF  COUNCIL  FOR  NEW  ENGLAND     [Nov.  3/13 

Grounds,  Havens,  Ports,  Rivers,  Waters,  Fishings,  Mines,  and 
Mineralls,  as  well  Royall  Mines  of  Gold  and  Silver,  as  other 
Mine[s]  and  Mineralls,  precious  Stones,  Quarries,  and  all,  and 
singular  other  Comodities,  Jurisdictions,  Royalties,  Priveliges, 
Franchises,  and  Preheminences,  both  within  the  same  Tract  of 
Land  upon  the  Maine,  and  also  within  the  said  Islands  and  Seas 
adjoining :  Provided  always,  that  the  said  Islands,  or  any  of  the 
Premises  herein  before  mentioned  ...  be  not  actually  possessed 
or  inhabited  by  any  other  Christian  Prince  or  Estate,  nor  be 
within  the  Bounds,  Limitts,  or  Territoryes,  of  that  Southern 
Collony  heretofore  by  us  granted  to  be  planted  by  diverse  of  our 
loving  Subjects  in  the  South  Part  .  .  .,  to  be  holden  of  Us  ...  as 
of  our  Manor  of  East-Greenwich,  in  our  County  of  Kent,  in  free 
and  comon  Soccage  and  not  in  Capite  nor  by  Knight's  Service; 
yielding  and  paying  therefore  to  Us  ...  the  fifth  Part,  of  the  Ore 
of  Gold  and  Silver,  which  .  .  .  shall  happen  to  be  found  ...  in 
or  within  any  the  said  Lands  .  .  .,  for,  or  in  Respect  of  all,  and 
all  Manner  of  Dutys,  Demands,  and  Services  whatsoever,  to  be 
done,  made,  or  paid  to  Us  ...  And  Wee  do  further  .  .  .  grant 
to  the  said  Councell  .  .  .  that  it  shall  be  lawfull  and  free  for  them 
.  .  .,  att  all  .  .  .  times  hereafter,  out  of  our  Realmes  or  Dominions 
whatsoever,  to  take,  load,  carry,  and  transport  in,  and  into  their 
Voyages,  and  for,  and  towards  the  said  Plantation  in  New-Eng 
land,  all  such  ...  of  our  loveing  Subjects,  or  any  other  Strangers 
that  will  become  our  loving  Subjects,  and  live  under  our  Alle 
giance,  as  shall  willingly  accompany  them  in  the  said  Voyages 
and  Plantation,  with  Shipping,  Armour,  Weapons,  Ordinance, 
Munition,  Powder,  Shott,  Victuals,  and  all  Manner  of  Cloathing, 
Implements,  Furniture,  Beasts,  Cattle,  Horses,  Mares,  and  all 
other  Things  necessary  for  the  said  Plantation,  and  for  their  Use 
arid  Defence,  and  for  Trade  with  the  People  there,  and  in  passing 
and  returning  to  and  fro,  without  paying  or  yeilding,  any  Custom 
or  Subsidie  either  inward  or  outward,  to  Us,  ...  for  the  same, 
for  the  Space  of  seven  Years,  from  the  Day  of  the  Date  of  these 
Presents,  provided,  that  none  of  the  said  Persons  be  such  as  shall 
be  hereafter  by  special  Name  restrained  by  Us  ...  And  for 
their  further  Encouragement  .  .  .,  We  .  .  .  grant,  to  and  with  the 
said  Councill .  .  .,  their  Factors  and  Assignes,  that  they  .  .  .  shall 
be  free  and  quitt  from  all  Subsidies  and  Customes  in  New-England 
for  the  Space  of  seven  Years,  and  from  all  Taxes  and  Impositions 


1 620]          PATENT  OF  COUNCIL  FOR  NEW  ENGLAND  29 

for  the  Space  of  twenty  and  one  Yeares,  upon  all  Goods  and 
Merchandizes  att  any  time  or  times  hereafter,  either  upon  Im 
portation  thither,  or  Exportation  from  thence  into  our  Realme 
of  England,  or  into  any  our  Dominions  by  the  said  Council  .  .  ., 
[except  the  five  per  cent,  customs  duty,  which  being  paid,  the 
said  goods  may,  within  thirteen  months  after  being  landed,  be 
exported.  The  Council  may  grant  land  to  adventurers  and  others, 
have  regard  to  the  share  and  special  merit  of  each.]  and  wee  do 
also  .  .  .  grant  to  the  said  Councell  .  .  .  and  to  all  ...  such  Gov- 
ernours,  or  Officers,  or  Ministers,  as  by  the  said  Councill  shall 
be  appointed  to  have  Power  and  Authority  of  Government  and 
Command  in  and  over  the  said  Collony  and  Plantation,  that  they 
.  .  .  shall,  and  lawfully  may,  ...  for  their  severall  Defence  and 
Safety,  encounter,  expulse,  repel,  and  resist  by  Force  of  Arms, 
as  well  by  Sea  as  by  Land,  and  all  Ways  and  Meanes  whatsoever, 
all  such  .  .  .  Persons,  as  without  the  speciall  Licence  of  the  said 
Councell  .  .  .  shall  attempt  to  inhabitt  within  the  said  severall 
Precincts  and  Limitts  of  the  said  Collony  and  Plantation.  And 
also  all  ...  such  .  .  .  Persons  ...  as  shall  enterprize  or  attempt 
att  any  time  hereafter  Destruction,  Invasion,  Detriment,  or 
Annoyance  to  the  said  Collony  and  Plantation;  and  that  it  shall 
be  lawfull  for  the  said  Councill  ...  to  take  and  surprize  by  all 
Ways  and  Meanes  whatsoever,  all  ...  such  .  .  .  Persons  .  .  ., 
with  their  Ships,  Goods,  and  other  Furniture,  trafficking  in  any 
Harbour,  Creeke,  or  Place,  within  the  Limitts  and  Precin[c]tes 
of  the  said  Collony  .  .  .,  and  not  being  allowed  by  the  said  Coun 
cill  to  be  Adventurers  or  Planters  of  the  said  Collony.  And  .  .  . 
Wee  .  .  .  grant  unto  the  said  Councill  .  .  .  ,  that  the  said  Terri- 
toryes  .  .  .  shall  not  be  visited,  frequented,  or  traded  unto,  by 
any  other  of  our  Subjects,  .  .  .  either  from  any  the  Ports  and 
Havens  belonging  or  appertayning  .  .  .  unto  Us,  ...  or  to  any 
forraigne  State,  Prince,  or  Pottentate  whatsoever :  And  therefore, 
Wee  do  hereby  .  .  .  charge  .  .  -.  all  the  Subjects  of  Us  .  .  .,  of 
what  Degree  and  Quality  soever,  they  be,  that  none  of  them, 
directly,  or  indirectly,  presume  to  vissitt,  frequent,  trade,  or  ad 
venture  or  traffick  into,  or  from  the  said  Territoryes,  .  .  .  other 
than  the  said  Councill  and  their  Successors,  ffactors,  Deputys, 
and  Assignes,  unless  it  be  with  the  License  and  Consent  of  the 
said  Councill  and  Company  first  had  and  obtained  in  Writing, 
under  the  comon  Seal,  upon  Pain  of  our  Indignation  and  Im- 


3O  PATENT  OF  COUNCIL  FOR  NEW  ENGLAND     [Nov.  3/13 

prisonment  of  their  Bodys  during  the  Pleasure  of  Us,  .  .  .  and 
the  Forfeiture  and  Loss  both  of  theire  Ships  and  Goods,  where 
soever  they  shall  be  found  either  within  any  of  our  Kingdomes  or 
Dominions,  or  any  other  Place  or  Places  out  of  our  Dominions. 
And  for  the  better  effecting  of  our  said  Pleasure  heerin,  Wee  .  .  . 
give  and  grant  full  Power  and  Authority  unto  the  said  Councill, 
.  .  .  their  Factors,  Deputyes,  or  Assignes,  .  .  .  [to]  seize  all  and 
all  Manner  of  Ship  and  Ships,  Goods,  Wares,  and  Merchandizes 
whatsoever,  which  shall  be  bro't  from  or  carried  to  the  Places 
before  mentioned,  or  any  of  them,  contrary  to  our  Will  and 
Pleasure,  before  in  these  Presents  expressed.  [Property  so  for 
feited  to  be  divided  equally  between  the  Council  and  the  King.] 
And  we  ...  do  condiscend,  and  grant  to  and  with  the  said 
Councill  .  .  .,  that  Wee  .  .  .  will  not  give  and  grant  any  Lybertye, 
License,  or  Authority  to  any  Person  or  Persons  whatsoever,  to 
saile,  trade  or  trafficke  unto  the  aforesaid  parts  of  New-England, 
without  the  good  Will  and  Likinge  of  the  said  Councill,  or  the 
greater  Part  of  them  for  the  Time  beinge,  att  any  their  Courts  to 
be  assembled.  And  Wee  do  ...  grant  unto  the  said  Councill .  .  . 
that  whensoever  .  .  .  any  Custome  or  Subsidie  shall  growe  due  or 
payable  unto  Us  ...  according  to  the  Limitation  and  Appoint 
ment  aforesaid,  by  reason  of  any  Goods,  Wares,  [or]  Merchan 
dizes,  to  be  shipped  out,  or  any  Returne  to  be  made  of  any  Goods, 
Wares,  or  Merchandizes,  unto  or  from  New-England,  or  any  the 
Lands  [or]  Territoryes  aforesaid,  that  ...  the  ffarmers,  Cus 
tomers,  and  Officers  of  our  Customes  of  England  and  Ireland  .  .  ., 
upon  Request  made  unto  them  by  the  said  Councill  .  .  .,  and 
upon  convenient  Security  to  be  given  in  that  Behalfe,  shall  .  .  . 
allowe  unto  the  said  Councill  .  .  .  and  to  all  ...  Persons  free  of 
the  said  Company  .as  aforesaid,  six  Months  Time  for  the  Payment 
of  the  one  halfe  of  all  such  Custome  and  Subsidie  .  .  .  Never 
theless,  ...  if  any  of  the  said  Goods  .  .  .  shall  be  ...  landed 
and  exported  out  of  any  of  our  Realmes  aforesaid,  and  shall  be 
shipped  with  a  Purpose  not  to  be  carried  to  New-England  afore 
said,  .  .  .  then  such  .  .  .  Custome  ...  or  Forfeiture,  shall  be 
paid,  and  belong  to  Us  .  .  .,  for  the  said  Goods  ...  so  fraudu 
lently  sought  to  be  transported,  as  if  this  our  Grant  had  not  been 
made  nor  granted :  And  Wee  do  ...  grant  .  .  .  that  the  said 
President  of  the  said  Company,  or  his  Deputy  for  the  Time  being, 
or  any  two  others  of  the  said  Councill  .  .  shall  .  .  have  full 


1 620]          PATENT  OF  COUNCIL  FOR  NEW  ENGLAND  31 

Power  and  Authority,  to  minister  and  give  the  Oath  and  Oaths 
of  Allegiance  and  Supremacy  ...  to  all  ...  Persons,  which  shall 
att  any  Time  .  .  .  goe  or  pass  to  the  said  Collony  in  New-Eng 
land.  [The  same  officers  may  also  administer  oaths  in  matters 
touching  the  business  and  interests  of  the  Company.]  And  to 
the  End  that  no  lewd  or  ill-disposed  Persons,  Saylors,  Soldiers, 
Artificers,  Labourers,  Husbandmen,  or  others,  which  shall  receive 
Wages,  Apparel,  or  other  Entertainment  from  the  said  Councill, 
or  contract  and  agree  with  the  said  Councill  to  goe,  and  to  serve, 
and  to  be  imployed,  in  the  said  Plantation,  in  the  Collony  of 
New-England,  do  afterwards  withdraw,  hide,  and  conceale  them 
selves,  or  refuse  to  go  thither,  after  they  have  been  so  entertained 
and  agreed  withall;  and  that  no  Persons  which  shall  be  sent  and 
imployed  in  the  said  Plantation  .  .  .,  upon  the  Charge  of  the  said 
Councill,  doe  misbehave  themselves  by  mutinous  Seditions,  or 
other  notorious  Misdemeanors,  or  which  shall  be  imployed,  or 
sent  abroad  by  the  Governour  of  New-England  or  his  Deputy, 
with  any  Shipp  or  Pinnace,  for  Provision  for  the  said  Collony, 
or  for  some  Discovery,  or  other  Business  or  Affaires  concerninge 
the  same,  doe  from  thence  either  treacherously  come  back  againe, 
or  returne  into  the  Realme  of  Englande  by  Stealth,  or  without 
Licence  of  the  Governour  of  the  said  Collony  .  .  .,  or  be  sent 
hither  as  Misdoers  or  Offenders;  and  that  none  of  those  Persons 
after  theire  Returne  from  thence,  being  questioned  by  the  said 
Councill  heere,  for  such  their  Misdemeanors  and  Offences,  do,  by 
insolent  and  contemptuous  Carriage  in  the  Presence  of  the  said 
Councill  shew  little  Respect  and  Reverence,  either  to  the  Place 
or  Authority  in  which  we  have  placed  and  appointed  them  and 
others,  for  the  clearing  of  their  Lewdness  and  Misdemeanors 
committed  in  New-England,  divulge  vile  and  scandalous  Reports 
of  the  Country  of  New-England,  or  of  the  Government  or  Estate 
of  the  said  Plantation  and  Collony,  to  bring  the  said  Voyages 
and  Plantation  into  Disgrace  and  Contempt,  by  Meanes  whereof, 
not  only  the  Adventurers  and  Planters  already  engaged  in  the 
said  Plantation  may  be  exceedingly  abused  and  hindered,  and 
a  great  Number  of  our  loveing  and  well-disposed  Subjects,  other- 
ways  well  affected  and  inclined  to  joine  and  adventure  in  so 
noble  a  Christian  and  worthy  Action  may  be  discouraged  from 
the  same,  but  also  the  Enterprize  itself  may  be  overthrowne, 
which  cannot  miscarry  without  some  Dishonour  to  Us  and  our 


32  PATENT  OF  COUNCIL  FOR  NEW  ENGLAND       [Nov.  3/13 

Kingdome :  [the  President,  or  other  duly  authorized  representa 
tive  of  the  Company,  is  empowered  to  cause  such  persons  to  be 
apprehended;  and,  upon  examination  and  proof  before  the  Coun 
cil,  such  persons  shall  either  be  bound  over  with  sureties  for  their 
good  behavior,  according  to  the  law  of  England,  or  be  returned 
to  New  England  to  be  dealt  with  by  the  Company.  Any  persons, 
whether  members  of  the  colony  or  acting  under  the  authority  of 
the  Council,  who  shall  commit  any  robbery  or  other  hostile  act, 
by  sea  or  land,  against  a  subject  of  England  or  of  any  other 
friendly  power,  shall,  upon  royal  proclamation,  make  full  resti 
tution  and  satisfaction,  under  penalty  of  outlawry.  English  sub 
jects  settling  in  the  colony,  and  their  children  there  born,  shall 
have  all  the  rights  of  natural  born  Englishmen.  None  are  to  be 
permitted  to  go  to  New  England  except  such  as  shall  first  take 
the  oaths  of  supremacy,  to  be  administered  by  the  President  of 
the  Council.]  And  Wee  also  ...  do  covenant  and  grant  to  and 
with  the  said  Councill,  .  .  .  that  if  the  Councill  .  .  .  shall  at  any 
time  or  times  heereafter,  upon  any  Doubt  which  they  shall  con 
ceive  concerning  the  Strength  or  Validity  in  Law  of  this  our 
present  Grant,  or  be  desirous  to  have  the  same  renewed  and 
confirmed  by  Us  .  .  .,  with  Amendment  of  such  Imperfections  and 
Defects  as  shall  appeare  fitt  and  necessary  to  the  said  Councill 
.  .  .,  to  be  reformed  and  amended  on  the  Behalf e  of  Us  .  .  .,  and 
for  the  furthering  of  the  Plantation  and  Government,  or  the  In 
crease,  continuing,  and  flourishing  thereof,  that  then,  upon  the 
humble  Petition  of  the  said  Councill  .  .  .,  to  Us  .  .  .,  Wee  .  .  . 
will  forthwith  make  and  pass  under  the  Great  Scale  of  England 
.  .  .,  to  the  said  Councill  .  .  .,  such  further  and  better  Assur 
ance,  of  all  and  singular  the  Lands,  Grounds,  Royalties,  Priv- 
eliges,  and  Premisses  aforesaid  granted,  or  intended  to  be 
granted,  according  to  our  true  Intent  and  Meaneing  .  .  .,  as 
by  the  learned  Councill  of  Us  ...  and  of  the  said  Company  .  .  . 
shall,  in  that  Behalfe,  be  reasonably  devised  or  advised.  [In 
case  of  doubt,  the  grant  to  be  construed  in  favor  of  the  Company.] 
And  Wee  do  further  .  .  .  charge  and  comand  all  and  singular 
Admirals,  Vice-Admirals,  Generals,  Comanders,  Captaines,  Jus 
tices  of  Peace,  Majors,  Sheriffs,  Bailiffs,  Constables,  Customers, 
Comptrollers,  Waiters,  Searchers,  and  all  the  Officers  of  Us  .  .  ., 
in  all  Things  aiding,  helping,  and  assisting  unto  the  said  Coun 
cill  .  .  .,  upon  Request  ...  by  them  to  be  made,  in  all  Matters 


1 620]  MAYFLOWER  COMPACT  33 

and  Things,  for  the  furtherance  and  Accomplishment  of  all  or 
any  the  Matters  and  Things  by  Us,  in  and  by  these  our  Letters- 
Pattents,  given,  granted,  and  provided,  or  by  Us  meant  or  in 
tended  to  be  given,  granted,  and  provided,  as  they  our  said 
Officers  ...  do  tender  our  Pleasure,  and  will  avoid  the  contrary 
att  their  Perills.  [Privileges  formerly  granted  are  confirmed, 
save  as  altered  by  the  present  charter.] 


No.  5.    Mayflower  Compact 

November  11/21,  1620 

THE  Mayflower  Compact,  drawn  up  on  shipboard,  was  intended  not  only 
as  a  basis  for  the  government  of  the  colony  in  the  absence  of  a  patent,  but 
also,  according  to  Bradford,  as  an  offset  to  the  "  discontented  and  mutinous 
speeches  "  of  some  of  the  company,  to  the  effect  that  when  they  landed  "  they 
would  use  their  own  liberty;  for  none  had  power  to  command  them,  the 
patent  they  had  being  for  Virginia,  and  not  for  New  England,  which  belonged 
to  another  government,  with  which  the  Virginia  Company  had  nothing  to  do." 
For  the  efforts  of  the  colony  to  obtain  a  charter,  see  note  to  No.  n. 

REFERENCES.  —  Text  in  Bradford's  History  of  Plymouth  Plantation,  Mass. 
Hist.  Coll.,  Fourth  Series,  III.,  89,  90.  Bradford  does  not  give  a  list  of 
signers.  On  the  early  history  of  the  Plymouth  Colony,  see  Mourt's  Relation 
(Dexter's  ed.,  1865);  Morton's  New  England  Memorial ;  Young's  Chronicles 
of  the  Pilgrim  Fathers,  1602-1625;  Arber's  Story  of  the  Pilgrim  Fathers; 
Winsor's  Narrative  and  Critical  History,  III.,  chap.  8;  Doyle's  Puritan  Colo 
nies,  I.,  chap.  2.  The  laws  of  the  colony,  1623-1682,  are  in  the  Plymouth 
Colony  Records,  XL 

In  the  name  of  God,  Amen.  We  whose  names  are  underwriten, 
the  loyall  subjects  of  our  dread  soveraigne  Lord,  King  James,  by 
the  grace  of  God,  of  Great  Britaine,  Franc,  &  Ireland  king,  de 
fender  of  the  faith,  &c.,  haveing  undertaken,  for  the  glorie  of 
God,  and  advancemente  of  the  Christian  faith,  and  honour  of  our 
king  &  countrie,  a  voyage  to  plant  the  first  colonie  in  the  North- 
erne  parts  of  Virginia,  doe  by  these  presents  solemnly  &  mutualy 
in  the  presence  of  God,  and  one  of  another,  covenant  &  combine 
our  selves  togeather  into  a  civill  body  politick,  for  our  better 
ordering  &  preservation  &  furtherance  of  the  ends  aforesaid;  and 
by  vertue  hearof  to  enacte,  constitute,  and  frame  such  just  & 
equall  lawes,  ordinances,  acts,  constitutions,  &  offices,  from  time 
to  time,  as  shall  be  thought  most  meete  &  convenient  for  the 
generall  good  of  the  Colonie,  uftto  which  we  promise  all  due  sub- 


34  ORDINANCE  FOR  VIRGINIA          [July  24/Aug.  3 

mission  and  obedience.  In  witnes  wherof  we  have  hereunder 
subscribed  our  names  at  Cap-Codd  the  n.  of  November,  in  the 
year  of  the  raigne  of  our  soveraigne  lord,  King  James,  of  Eng 
land,  France,  &  Ireland  the  eighteenth,  and  of  Scotland  the  fiftie 
fourth.  Anno:  Dom.  1620. 


No.  6.    Ordinance  for  Virginia 

July  24/August  3,  1621 

THE  first  assembly  in  Virginia,  and  the  first  representative  assembly  in 
America,  was  convened  July  30 /Aug.  9,  1619,  by  Governor  Yeardley,  under 
authority  of  a  commission  executed  by  the  Virginia  Company  in  November, 
1618;  and  the  ordinance  of  1621,  probably  of  similar  tenor,  granted  to  the 
colony  for  the  future  the  same  form  of  government.  The  model  here  outlined 
was  closely  followed  by  the  later  English  colonies. 

REFERENCES. —  Text  in  Stith's  History  of  Virginia  (Sabin's  ed.,  1865), 
Appendix  IV.  The  records  of  the  assembly  of  1619  are  in  Hening's  Statutes 
at  Large,  I.  The  "  Orders  and  Constitutions"  of  1619-1620  are  in  Force's 
Tracts,  III.  See  also  W.  W.  Henry's  First  Legislative  Assembly  in  America, 
in  Report  of  Amer.  Hist.  Assoc.,  1893,  PP-  3OI-3I6;  Brown's  First  Reptiblic 
in  America,  308-324. 

*\ 

An  Ordinance  and  Constitution  of  the  Treasurer,  Council,  and 
Company  in  England,  for  a  Council  of  State  and  General 
Assembly. 

I.  To  all  People,  to  whom  these  Presents  shall  come,  be  seen, 
or  heard,  The  Treasurer,  Council,  and  Company  of  Adventurers 
and  Planters  for  the  city  of  London  for  the  first  Colony  of  Vir 
ginia,  send  Greeting.  KNOW  YE,  that  we,  the  said  Treasurer, 
Council,  and  Company,  taking  into  our  careful  Consideration 
the  present  State  of  the  said  Colony  of  Virginia,  and  intending, 
by  the  Divine  Assistance,  to  settle  such  a  Form  of  Government 
there,  as  may  be  to  the  greatest  Benefit  and  Comfort  of  the  People, 
and  whereby  all  Injustice,  Grievances,  and  Oppression  may  be 
prevented  and  kept  off  as  much  as  possible  from  the  said  Colony, 
have  thought  fit  to  make  our  Entrance,  by  ordering  and  estab 
lishing  such  Supreme  Councils,  as  may  not  only  be  assisting  to 
the  Governor  for  the  time  being,  in  the  Administration  of  Jus 
tice,  and  the  Executing  of  other  Duties  to  this  Office  belonging, 
but  also,  by  their  vigilant  Care  and  Prudence,  may  provide,  as 


1621]  ORDINANCE   FOR  VIRGINIA  35 

well  for  a  Remedy  of  all  Inconveniences,  growing  from  time  to 
time,  as  also  for  the  advancing  of  Increase,  Strength,  Stability, 
and  Prosperity  of  the  said  Colony : 

II.  WE  therefore,  the  said  Treasurer,  Council,  and  Company, 
by  Authority  directed  to  us  from  his  Majesty  under  the  Great 
Seal,  upon  Mature  Deliberation,  do  hereby  order  and  declare, 
that,  from  hence  forward,  there  shall  be  Two  SUPREME  COUNCILS 
in  Virginia,  for  the  better  Government  of  the  said  Colony  afore 
said. 

III.  THE  one  of  which  Councils,  to  be  called  THE  COUNCIL 
OF  STATE  (and  whose  Office  shall  chiefly  be  assisting,  with  their 
Care,  Advice,  and  Circumspection,  to  the  said  Governor)  shall 
be  chosen,  nominated,  placed,  and  displaced,  from  time  to  time, 
by  Us,  the  said  Treasurer,  Council,  and  Company,  and  our  Suc 
cessors:  Which  Council  of  State  shall  consist,  for  the  present, 
only  of  these  persons,  as  are  here  inserted,  viz.  Sir  Francis  Wyat, 
Governor  of  Virginia,  Captain  Francis  West,  Sir  George  Yeardley, 
Knight,  Sir  William  Neuce,  Knight  Marshal  of  Virginia,  Mr.  George 
Sandys,  Treasurer,  Mr.  George  Thorpe,  Deputy  of  the  College, 
Captain  Thomas  Neuce,  Deputy  for  the  Company,  Mi.Pawlet, 
Mr.  Leech,  Captain  Nathaniel  Powel,  Mr.   Christopher  Davison, 
Secretary,  Dr.  Pots,  Physician  to  the  Company,  Mr.  Roger  Smith, 
M.i.John  Berkeley,  TAr.John  Rolfe,  Mr.  Ralph  Hamer,  Mr.  John 
Pountis,  Mr.  Michael ' Lapworth,  Mr.  Harwood,  Mr.  Samuel  Macock. 
Which  said  Counsellors  and  Council  we  earnestly  pray  and  desire, 
and  in  his  Majesty's  Name  strictly  charge  and  command,  that  (all 
Factions,  Partialities,  and  sinister  Respect  laid  aside  (they  bend 
their  Care  and  Endeavours  to  assist  the  said  Governor;  first  and 
principally,  in  the  Advancement  of  the  Honour  and  Service  of 
God,  and  the  Enlargement  of  his  Kingdom  amongst  the  Heathen 
People;  and  next,  in  erecting  of  the  said  Colony  in  due  Obedi 
ence  to  his  Majesty,  and  all  lawful  Authority  from  his  Majesty's 
Directions;  and  lastly,  in  maintaining  the  said  People  injustice 
and  Christian  Conversation  amongst  themselves,  and  in  Strength 
and  Ability  to  withstand  their  Enemies.     And  this  Council,  to 
be  always,  or  for  the  most  Part,   residing  about  or  near  the 
Governor. 

IV.  THE  other  Council,  more  generally  to  be  called  by  the 
Governor,  once  Yearly,  and  no  oftener,  but  for  very  extraordinary 
and  important  Occasions,  shall  consist,  for  the  present,  of  the 


36          GRANT  OF  MAINE  TO  GORGES  AND  MASON     [Aug.  10/20 

said  Council  of  State,  and  of  two  Burgesses  out  of  every  Town, 
Hundred,  or  other  particular  Plantation,  to  be  respectively  chosen 
by  the  Inhabitants :  Which  Council  shall  be  called  THE  GENERAL 
ASSEMBLY,  wherein  (as  also  in  the  said  Council  of  State)  all  Mat 
ters  shall  be  decided,  determined,  and  ordered,  by  the  greater 
Part  of  the  Voices  then  present;  reserving  to  the  Governor  always 
a  Negative  Voice.  And  this  General  Assembly  shall  have  free 
Power  to  treat,  consult,  and  conclude,  as  well  of  all  emergent 
Occasions  concerning  the  Publick  Weal  of  the  said  Colony  and 
every  Part  thereof,  as  also  to  make,  ordain,  and  enact  such  gen 
eral  Laws  and  Orders,  for  the  Behoof  of  the  said  Colony,  and  the 
good  Government  thereof,  as  shall,  from  time  to  time,  appear 
necessary  or  requisite; 

V.  WHEREAS  in  all  other  Things,  we  require  the  said  General 
Assembly,  as  also  the  said  Council  of  State,  to  imitate  and  follow 
the  Policy  of  the  Form  of  Government,  Laws,  Customs,  and  Man 
ner  of  Trial,  and  other  Administration  of  Justice,  used  in  the 
Realm  of  England,  as  near  as  may  be,  even  as  ourselves,  by  his 
Majesty's  Letters  Patent  are  required. 

VI.  PROVIDED,  that  no  Law  or  Ordinance,  made  in  the  said 
General  Assembly,  shall  be  or  continue   in  Force  or  Validity, 
unless  the  same  shall  be  solemnly  ratified  and  confirmed,  in  a 
General  Quarter  Court  of  the  said  Company  here  i*i  England, 
and  so  ratified,  be  returned  to  them  under  our  Seal;  It  being  our 
Intent  to  afford  the  like  Measure  also  unto  the  said  Colony,  that 
after  the  Government  of  the  said  Colony  shall  once  have  been 
well  framed,  and  settled  accordingly,  which  is  to  be  done  by  Us, 
as  by  Authority  derived  from  his  Majesty,  and  the  same  shall 
have  been  so  by  us  declared,  no  Orders  of  Court  afterwards  shall 
bind  the  said  Colony,  unless  they  be  ratified  in  like  Manner  in 
the  General  Assemblies. 


No.  7.  Grant  of  Maine  to  Gorges  and  Mason 

August  10/20,  1622 

JOHN  MASON  was  a  member  of  the  Council  for  New  England,  a  churchman, 
and  a  friend  of  Gorges.  His  chief  interests  in  America  seem  to  have  been  in 
connection  with  the  Laconia  Company,  organized  to  carry  on  the  fur  trade 


1622]  FIRST  CHARTER  OF   MASSACHUSETTS  37 

with  Canada;  and  he  did  not  develop  any  of  the  various  grants  received  from 
the  Council  for  New  England.  Only  so  much  of  the  patent  of  1622  is  here 
given  as  defines  the  boundaries  of  the  grant. 

REFERENCES.  —  Text  in  Ballard's  Memorial  Volume  of  the  Popham  Cele 
bration,  Appendix,  121-123. 

[The  patent  recites  the  grant  of  1620  to  the  Council  for  New 
England,  and  continues:] 

Now  this  Indenture  witnesseth  that  the  said  President  and  Coun- 
cill  .  .  .  doe  give  grant  .  .  .  and  confirme  unto  the  said  Sir  Fer- 
dinando  Gorges  &  Captain  John  Mason  their  heirs  and  assignes 
all  that  part  of  the  maine  land  in  New  England  lying  upon  the 
Sea  Coast  betwixt  the  rivers  of  Merrimack  &  Sagadahock  and  to 
the  furthest  heads  of  the  said  Rivers  and  soe  forwards  up  into 
the  land  westward  untill  threescore  miles  be  finished  from  the 
first  entrance  of  the  aforesaid  rivers  and  half  way  over  that  is  to 
say  to  the  midst  of  the  said  two  rivers  which  bounds  and  limitts 
the  lands  aforesaid  togeather  with  all  Islands  &  Isletts  within  five 
leagues  distance  of  the  said  premisses  and  abutting  upon  the  same 
or  any  part  or  parcell  thereoff  .  .  .  which  said  porcons  of  lands 
with  the  appurtenances  the  said  Sir  Ferdinando  Gorges  and 
Capt.  John  Mason  with  the  consent  of  the  President  &  Councell 
intend  to  name  the  PROVINCE  OF  MAINE.  .  .  . 


No.  8.    First  Charter  of  Massachusetts 

March  4/14,  1628/9 

THE  attempt  of  the  Dorchester  Adventurers  to  establish  a  colony  on  Cape 
Ann,  in  1623,  as  a  base  for  fishing  operations,  failed;  but  there  were  a  few 
scattered  settlements  in  the  region  of  Massachusetts  Bay  when,  March  19/29, 
1627/8,  a  grant  for  a  land  and  trading  company  was  obtained  from  the  Coun 
cil  for  New  England.  The  patent  was  confirmed,  with  the  addition  of  powers 
of  government,  by  the  royal  charter  of  March  4/14,  1628/9.  A  local  govern 
ment,  known  as  "  London's  Plantation  in  Massachusetts  Bay  in  New  England," 
was  established  at  Salem,  under  the  direction  of  John  Endicott.  In  1630  the 
charter  and  government  of  the  colony  were  transferred  to  America,  and  the 
local  government  under  Endicott  was  discontinued.  The  charter  remained 
in  force  until  1684,  when  it  was  annulled  by  writ  of  quo  warranto. 

REFERENCES.  —  Text  in  Kecords  of  the  Governor  and  Company  of  the 
Massachusetts  Bay  in  New  England,  L,  3-19.  The  grant  of  1627/8  is 
recited  in  the  charter.  Important  contemporary  documents  and  accounts  are 
collected  in  Young's  Chronicles  of  Massachusetts.  See  also  Winthrop's  His- 


38  FIRST  CHARTER  OF  MASSACHUSETTS     [March  4/14 

tory  of  New  England  (Savage's  ed.),  I.;  Winthrop's  Life  and  Letters  of  John 
Winthrop,  II.;  Memorial  History  of  Boston,  I.,  87-98;  Ellis's  Puritan  Age 
and  Rtile,  chaps.  2  and  7;  Samsbury's  Calendar  of  State  Papers,  Colonial,  I.; 
Doyle's  Puritan  Colonies,  I.,  chap.  3. 

[The  charter  begins  with  a  recital  of  the  patent  of  1620  to  the 
Council  for  New  England,  and  the  subsequent  grant  by  the  Coun 
cil,  in  March,  1627/8,  to  Sir  Henry  Rosewell  and  others,  which 
last-mentioned  grant  is  by  this  present  charter  confirmed,  and 
continues:] 

AND  FURTHER  knowe  yee,  That  .  .  .  Wee  ...  by  theis  presents 
doe  .  .  .  give  and  graunt  unto  the  said  Sir  Henry  Rosewell,  Sir 
John  Younge,  Sir  Richard  Saltonstall,  Thomas  Southcott,  John 
Humfrey,  John  Endecott,  Symon  Whetcombe,  Isaack  Johnson, 
Samuell  Aldersey,  John  Yen,  Mathewe  Cradock,  George  Har- 
wood,  Increase  Nowell,  Richard  Pery,  Richard  Bellingham, 
Nathaniel  Wright,  Samuell  Vassall,  Theophilus  Eaton,  Thomas 
Goffe,  Thomas  Adams,  John  Browne,  Samuell  Browne,  Thomas 
Hutchins,  William  Vassall,  William  Pinchion,  and  George  Fox- 
crofte,  theire  heires  and  assignes,  All  that  parte  of  Newe  England 
in  America  which  lyes  and  extendes  betweene  a  great  river  there 
commonlie  called  Monomack  river,  alias  Merrimack  river,  and 
a  certen  other  river  there  called  Charles  river,  being  in  the  bot- 
tome  of  a  certen  bay  there  commonlie  called  Massachusetts,  alias 
Mattachusetts,  alias  Massatusetts  bay :  And  also  all  and  singuler 
those  landes  and  hereditaments  whatsoever,  lyeing  within  the 
space  of  three  Englishe  myles  on  the  south  parte  of  the  saide 
river  called  Charles  river,  or  of  any  or  every  parte  thereof :  And 
also  all  and  singuler  the  landes  and  hereditaments  whatsoever 
lyeing  and  being  within  the  space  of  three  Englishe  myles  to 
the  southward  of  the  southernmost  parte  of  the  said  baye  called 
Massachusetts  .  .  .  :  And  also  all  those  landes  and  hereditaments 
whatsoever  which  lye  and  be  within  the  space  of  three  English 
myles  to  the  northward  of  the  saide  river  called  Monomack,  alias 
Merrymack,  or  to  the  northward  of  any  and  every  parte  thereof, 
and  all  landes  and  hereditaments  whatsoever,  lyeing  within  the 
lymitts  aforesaide,  north  and  south,  in  latitude  and  bredth,  and 
in  length  and  longitude,  of  and  within  all  the  bredth  aforesaide, 
throughout  the  mayne  landes  there  from  the  Atlantick  and  west- 
erne  sea  and  ocean  on  the  east  parte,  to  the  south  sea  on  the  west 
parte :  .  .  .  and  also  all  islandes  in  America  aforesaide,  in  the 


1628/9]  FIRST  CHARTER  OF   MASSACHUSETTS  39 

saide  seas,  or  either  of  them,  on  the  westerne  or  easterne  coastes, 
or  partes  of  the  said  tracts  of  landes  hereby  mentioned  to  be 
given  and  graunted  .  .  .,  and  all  mynes  and  myneralls,  aswell 
royall  mynes  of  gould  and  silver  as  other  mynes  and  myneralls 
whatsoever  .  .  .,  and  free  libertie  of  fishing  in  or  within  any  the 
rivers  or  waters  within  the  boundes  and  lymytts  aforesaid,  and 
the  seas  thereunto  adjoining :  And  all  fishes,  royal  fishes,  whales, 
balan,  sturgions,  and  other  fishes,  of  what  kinde  or  nature  soever 
that  shall  ...  be  taken  in  ...  the  saide  seas  or  waters  ...  by 
the  said  Sir  Henry  Rosewell  .  .  .  [and  others]  ...  or  by  any  per 
son  or  persons  whatsoever  there  inhabiting,  by  them,  or  any  of 
them,  to  be  appointed  to  fishe  therein.  PROVIDED,  alwayes,  that 
yf  the  said  landes,  islandes,  or  any  other  the  premisses  herein 
before  mentioned,  and  by  theis  presents  intended  and  meant  to 
be  graunted,  were,  at  the  tyme  of  the  graunting  of  the  saide 
former  letters  patents  ...  [of  1620]  .  .  .  actuallie  possessed  or 
inhabited  by  any  other  Christian  Prince  or  State,  or  were  within 
the  boundes  ...  of  that  Southerne  Colony  then  before  graunted 
by  our  said  late  father  to  be  planted  ...  in  the  south  partes  of 
America,  That  then  this  present  graunt  shall  not  extend  to  any 
such  partes  .  .  .,  but  as  to  those  partes  .  .  .  shalbe  utterly  voyd. 
.  .  .  [To  be  held  in  free  and  common  socage,  and  paying  one 
fifth  part  of  all  gold  and  silver  ores.]  AND  FORASMUCH  as  the 
good  and  prosperous  successe  of  the  plantation  of  the  saide  partes 
of  Newe  England  aforesaide  intended  by  the  said  Sir  Henry 
Rosewell  .  .  .  [and  others]  ...  to  be  speedily  sett  upon,  cannot 
but  cheifly  depend,  next  under  the  blessing  of  Almightie  God  and 
the  support  of  our  royall  authoritie,  upon  the  good  government 
of  the  same,  To  the  ende  that  the  affaires  and  buyssinesses  which, 
from  Jyrne  to  tyme,  shall  happen  and  arise  concerning  the  saide 
landes  and  the  plantation  of  the  same,  maie  be  the  better  mannaged 
and  ordered  .  .  .  wee  will  and  ordeyne,  That  the  saide  Sir  Henry 
Rosewell  .  .  .  [and  others]  .  .  .,  and  all  such  others  as  shall 
hereafter  be  admitted  and  made  free  of  the  Company  and  Society 
hereafter  mentioned,  shall  ...  be  ...  one  body  corporate  and 
politique  in  fact  and  name,  by  the  name  of  the  Governor  and 
Company  of  the  Mattachusetts  Bay  in  Newe  England  ."  .  .,  and 
by  that  name  they  shall  have  perpetuall  succession :  And  that  by 
the  same  name  they  .  .  .  shall,  and  maie  be  capeable  and  enabled, 
aswell  to  implead  and  to  be  impleaded,  and  to  prosecute,  de- 


4O  FIRST  CHARTER   OF  MASSACHUSETTS     [March  4/14 

maund,  and  aunswere,  and  be  answeared  unto,  in  all  ...  suites, 
causes,  quarrells,  and  actions  of  what  kinde  or  nature  soever. 
And  also  to  ...  acquire  .  .  .  any  landes,  tenements,  or  heredita 
ments,  or  any  goodes  or  chattells,  And  the  same  to  ...  dispose 
of  as  other  our  liege  people  of  this  our  realme  of  England,  or 
any  other  corporation  or  body  politique  of  the  same  maie  law- 
fullie  doe:  [They  may  have  a  seal.]  And  wee  doe  hereby  .  .  . 
graunte,  That  .  .  .  there  shalbe  one  Governor,  one  Deputy  Gov 
ernor,  and  eighteene  Assistants  .  .  .,  to  be  from  tyme  to  tyme 
.  .  .  chosen  out  of  the  freemen  of  the  saide  Company,  for  the 
tyme  being,  in  such  manner  and  forme  as  hereafter  in  theis 
presents  is  expressed.  Which  said  officers  shall  applie  themselves 
to  take  care  for  the  best  disposeing  and  ordering  of  the  generall 
buysines  and  affaires  of  ...  the  saide  landes  and  premisses  .  .  ., 
and  the  plantacion  thereof,  and  the  government  •  of  the  people 
there.  And  for  the  better  execution  of  our  royafl  pleasure  antf 
graunte  in  this  behalf,  wee  doe  .  .  .  nominate  ...  the  saide 
Mathewe  Cradocke  to  be  the  first  and  present  Governor  of  the 
said  Company,  and  the  saide  Thomas  Goffe  to  be  Deputy  Gov 
ernor  .  .  .,  and  the  said  Sir  Richard  Saltonstall,  Isaack  Johnson, 
Samuell  Aldersey,  John  Ven,  John  Humfrey,  John  Endecott, 
Simon  Whetcombe,  Increase  Noell,  Richard  Pery,  Nathaniell 
Wright,  Samuell  Vassall,  Theophilus  Eaton,  Thomas  Adams, 
Thomas  Hutchins,  John  Browne,  George  Foxcrofte,  William 
Vassall,  and  William  Pinchion  to  be  the  present  Assistants  .  .  ., 
to  continue  in  the  saide  severall  offices  respectivelie  for  such 
tyme  and  in  such  manner  as  in  and  by  theis  presents  is  hereafter 
declared  and  appointed.  [The  Governor  or  Deputy  Governor 
may  give  order  for  the  assembling  of  the  Company.]  And  that 
the  said  Governor,  Deputie  Governor,  and  Assistants  .  .  .  shall 
or  maie  once  every  moneth,  or  oftener  at  their  pleasures,  assem 
ble,  and  houlde,  and  keepe  a  Courte  or  Assemblie  of  themselves, 
for  the  better  ordering  and  directing  of  their  affaires.  [Seven  or 
more  Assistants,  with  the  Governor  or  Deputy  Governor,  to  be  a 
sufficient  Court.]  and  that  there  shall  or  maie  be  held  .  .  ., 
upon  every  last  Wednesday  in  Hillary,  Easter,  Trinity,  and  Michas 
termes  respectivelie  for  ever,  one  greate,  generall,  and  solempe 
Assemblie,  which  foure  Generall  Assemblies  shalbe  stiled  and 
called  the  Foure  Greate  and  Generall  Courts  of  the  saide  Com 
pany  :  IN  all  and  every  or  any  of  which  saide  Greate  and  Generall 


1628/9]  FIRST  CHARTER  OF   MASSACHUSETTS  41 

Courts  soe  assembled,  WEE  DOE  .  .  .  graunte  .  .  .  That  the  Gov 
ernor,  or,  in  his  absence,  the  Deputie  Governor  .  .  .  and  such 
of  the  Assistants  and  freemen  ...  as  shalbe  present,  or  the  greater 
nomber  of  them  soe  assembled,  whereof  the  Governor  or  Deputie 
Governor  and  six  of  the  Assistants,  at  the  least  to  be  seaven, 
shall  have  full  power  and  authoritie  to  choose,  nominate,  and 
appointe  such  and  soe  many  others  as  they  shall  thinke  fitt,  and 
that  shall  be  willing  to  accept  the  same,  to  be  free  of  the  said 
Company  and  Body,  and  them  into  the  same  to  admitt,  and  to 
elect  and  constitute  such  officers  as  they  shall  thinke  fitt  and 
requisite  for  the  ordering,  mannaging,  and  dispatching  of  the 
affaires  of  the  saide  Governor  and  Company.  .  .  .  And  wee 
doe  .  .  .  ordeyne,  That  yearely  once  in  the  yeare  for  ever  here 
after,  namely,  the  last  Wednesday  in  Easter  tearme  yearely,  the 
Governor,  Deputy  Governor,  and  Assistants  .  .  .,  and  all  other 
officers  of  the  saide  Company,  shalbe,  in  the  Generall  Court  or 
Assembly  to  be  held  for  that  day  or  tyme,  newly  chosen  for  the 
yeare  ensueing  by  such  greater  parte  of  the  said  Company  for  the 
tyme  being,  then  and  there  present,  as  is  aforesaide.  [Vacancies 
caused  by  the  death  or  removal  of  any  officer  of  the  Company 
may  be  filled  by  new  elections.  All  officers  are  required  to  take 
an  oath  for  the  faithful  performance  of  their  duties.]  .  .  .  AND 
wee  doe  .  .  .  graunt  .  .  .,  That  it  shall  ...  be  lawfull  to  and  for 
the  Governor  or  Deputie  Governor  and  such  of  the  Assistants  and 
Freemen  of  the  said  Company  ...  as  shalbe  assembled  in  any  of 
their  Generall  Courts  aforesaide,  or  in  any  other  Courtes  to  be 
specially  summoned  and  assembled  for  that  purpose,  or  the  greater 
parte  of  them,  (whereof  the  Governor  or  Deputie  Governor  and 
six  of  the  Assistants,  to  be  alwaies  seaven,)  from  tyme  to  tyme  to 
make,  ordeine,  and  establishe  all  manner  of  wholesome  and  rea 
sonable  orders,  lawes,  statutes,  and  ordinances,  directions,  and  in 
structions  not  contrarie  to  the  lawes  of  this  our  realme  of  England, 
aswell  for  setling  of  the  formes  and  ceremonies  of  government 
and  magistracy  fitt  and  necessary  for  the  said  plantation  and  the 
inhabitants  there,  and  for  nameing  and  stiling  of  all  sortes  of 
officers,  both  superior  and  inferior,  which  they  shall  finde  neede- 
full  for  that  governement  and  plantation,  and  the  distinguishing 
and  setting  forth  of  the  severall  duties,  powers,  and  lymytts  of 
every  such  office  and  place,  and  the  formes  of  such  oathes  war 
rantable  by  the  lawes  and  statutes  of  this  our  realme  of  England 


42  FIRST  CHARTER  OF   MASSACHUSETTS     [March  4/14 

as  shalbe  respectivelie  ministred  unto  them,  for  the  execution  of 
the  said  severall  offices  and  places,  as  also  for  the  disposing  and 
ordering  of  the  elections  of  such  of  the  said  officers  as  shalbe 
annuall,  and  of  such  others  as  shalbe  to  succeede  in  case  of  death 
or  removeall,  and  ministring  the  said  oathes  to  the  newe  elected 
officers,  and  for  impositions  of  lawfull  fynes,  mulcts,  imprison 
ment,  or  other  lawfull  correction,  according  to  the  course  of  other 
corporations  in  this  our  realme  of  England,  and  for  the  directing, 
ruling,  and  disposeing  of  all  other  matters  and  thinges  whereby 
our  said  people,  inhabitants  there,  maie  be  soe  religiously,  peace- 
ablie,  and  civilly  governed,  as  their  good  life  and  orderlie  con 
versation  maie  wynn  and  incite  the  natives  of  [that]  country  to 
the  knowledg  and  obedience  of  the  onlie  true  God  and  Savior  of 
mankinde,  and  the  Christian  fayth,  which,  in  our  royall  intention 
and  the  adventurers  free  profession,  is  the  principall  ende  of  this 
plantation.  .  .  .  PROVIDED  also  .  .  .,  That  theis  presents  shall 
not  in  any  manner  enure,  or  be  taken  to  abridge,  barr,  or  hinder 
any  of  our  loving  subjects  whatsoever  to  use  and  exercise  the 
trade  of  fishing  upon  that  coast  of  New  England  in  America  by 
theis  presents  mentioned  to  be  graunted :  But  that  they  .  .  .  shall 
have  full  and  free  power  and  liberty  to  continue  and  use  their 
said  trade  of  fishing  upon  the  said  coast  in  any  the  seas  thereunto 
adjoyning,  or  any  armes  of  the  seas  or  saltwater  rivers  where  they 
have  byn  wont  to  fishe,  and  to  build  and  sett  up  upon  the  landes 
by  theis  presents  graunted  such  wharfes,  stages,  and  workehouses 
as  shalbe  necessarie  for  the  salting,  drying,  keeping,  and  packing 
up  of  their  fish,  to  be  taken  or  gotten  upon  that  coast :  And  to 
cutt  downe  and  take  such  trees  and  other  materialls  there  growe- 
ing,  or  being,  or  \_as~\  shalbe  needefull  for  that  purpose,  and  for 
all  other  necessarie  easements,  helpes,  and  advantage  concerning 
their  said  trade  of  fishing  there,  in  such  manner  and  forme  as 
they  have  byn  heretofore  at  any  tyme  accustomed  to  doe,  without 
making  any  wilfull  waste  or  spoyle,  Any  thing  in  theis  presents 
conteyned  to  the  contrarie  notwithstanding.  .  .  . 


1628/9]        CHARTER  OF  PRIVILEGES  TO  PATROONS  43 

No.  9.    Charter  of  Privileges  to  Patroons 

June  7/17,  1629 

THE  government  of  the  Dutch  West  India  Company,  chartered  in  1621, 
was  vested  in  five  chambers,  or  boards,  established  in  as  many  Dutch  cities, 
with  a  board  of  nineteen  for  the  exercise  of  general  executive  powers.  Of  the 
chambers,  that  of  Amsterdam  was  the  most  important.  The  region  known  as 
New  Netherland  was  not  named  in  the  charter,  but  was  included  within  the 
jurisdiction  of  the  Company.  On  the  final  organization  of  the  Company  under 
the  charter,  in  1623,  New  Netherland  was  made  a  province,  and  placed  under 
the  immediate  control  of  the  Amsterdam  chamber.  The  continued  unprofita 
bleness,  however,  of  the  trade  of  New  Netherland,  except  the  fur  trade,  led  to 
a  change  of  policy;  and  the  Charter  of  Privileges  to  patroons,  drafted  in 
March,  1628,  but  not  adopted  by  the  board  of  nineteen  until  June,  1629,  was 
intended  to  encourage  private  individuals  to  establish  settlements  at  various 
points  on  the  Hudson  and  Delaware,  or  North  and  South,  rivers.  Numerous 
grievances,  occasioned  by  friction  between  the  patroons  and  the  Company, 
were  partially  allayed  by  a  new  charter  in  1640,  restricting  the  area  of  the 
grants,  and  encouraging  independent  settlement;  but  the  feudal  privileges  of 
the  patroons  were  not  interfered  with.  "Many  of  the  old  patroon  estates 
long  remained  undivided,  and  the  heirs  of  the  founders  claimed  some  semi- 
feudal  privileges  well  into  the  nineteenth  century." 

REFERENCES. —  Text  in  Documents  relative  to  the  Colonial  History  of  the 
State  of  New  York,  II.,  553-557.  On  the  Dutch  West  India  Company,  see 
O'Callaghan's  History  of  New  Netherland;  the  charter  of  1621  is  in  Hazard's 
Historical  Collections,  I.,  121-131.  See  also  Brodhead's  History  of  New  York, 
I.,  chaps.  5  and  6;  Winsor's  Narr.  and  Crit.  Hist.,  IV.,  chap.  8. 

FREEDOMS   AND   EXEMPTIONS 

GRANTED  BY  THE  BOARD  OF  THE  NINETEEN  OF  THE  INCORPORATED 
WEST  INDIA  COMPANY,  TO  ALL  PATROONS,  MASTERS  OR  PRIVATE 
PERSONS  WHO  WILL  PLANT  COLONIES  IN  NEW  NETHERLAND 

I.  Such  members  of  the  said  Company  as  may  be  inclined  to 
settle  a  Colonie  in  New  Netherland,  shall  be  permitted  to  send 
in  the  ships  of  this  Company  going  thither,  three  or  four  persons 
to  inspect  the  situation  of  the  country,  provided  that  they,  with 
the  officers  and  ship's  company,  swear  to  the  articles,  so  far  as 
they  relate  to  them,  and  pay  for  provisions  and  for  passage,  going 
and  coming,  six  stivers  per  diem;  and  such  as  desire  to  eat  in 
the  cabin,  twelve  stivers,  and  to  be  subordinate  and  give  assistance 
like  others,  in  cases  offensive  and  defensive;  and  if  any  ships 


44  CHARTER  OF   PRIVILEGES  TO   PATROONS     [June  7/17 

be  taken  from  the  enemy,  they  shall  receive,  pro  rata,  their  pro 
portions  with  the  ship's  company,  each  according  to  his  quality; 
that  is  to  say,  the  colonists  eating  out  of  the  cabin  shall  be  rated 
with  the  sailors,  and  those  who  eat  in  the  cabin  with  those  of  the 
Company's  servants  who  eat  at  table  and  receive  the  lowest  wages. 

II.  Though,  in  this  respect,  shall  be  preferred  such  persons  as 
have  first  appeared  and  desired  the  same  from  the  Company. 

III.  All  such  shall  be  acknowledged  Patroons  of  New  Nether- 
land  who  shall,  within  the  space  of  four  years  next  after  they 
have  given  notice  to  any  of  the  Chambers  of  the  Company  here, 
or  to  the  Commander  or  Council  there,  undertake  to  plant  a  Colo- 
nie  there  of  fifty  souls,  upwards  of  fifteen  years  old;  one-fourth 
part  within  one  year,  and  within  three  years  after  the  sending  of 
the  first,  making  together  four  years,  the  remainder,  to  the  full 
number  of  fifty  persons,  to  be  shipped  from  hence,  on  pain,  in 
case  of  wilful  neglect,  of  being  deprived  of  the  privileges  obtained; 
but  it  is  to  be  observed  that  the  Company  reserve  the  Island  of 
the  Manhattes  to  themselves. 

IV.  They  shall,  from  the  time  they  make  known  the  situation 
of  the  places  where  they  propose  to  settle  Colonies,  have  the 
preference  to  all  others  of  the  absolute  property  of  such  lands  as 
they  have  there  chosen;  but  in  case  the  situation  should  not  after 
wards  please  them,  or  they  should  have  been  mistaken  as  to  the 
quality  of  the  land,  they  may,  after  remonstrating  concerning  the 
same  to  the  Commander  and  Council  there,  be  at  liberty  to  choose 
another  place. 

V.  The  Patroons,  by  virtue  of  their  power,  shall  and  may  be 
permitted,  at  such  places  as  they  shall  settle  their  Colonies,  to 
extend  their  limits  four  leagues  along  the  shore,  that  is,  on  one 
side  of  a  navigable  river,  or  two  leagues  on  each  side  of  a  river, 
and  so  far  into  the  country  as  the  situation  of  the  occupiers  will 
permit;  provided  and  conditioned   that  the   Company  keep  to 
themselves  the  lands  lying  and  remaining  between  the  limits  of 
Colonies,  to  dispose  thereof,  when  and  at  such  time  as  they  shall 
think  proper,  in  such  manner  that  no  person  shall  be  allowed  to 
come  within  seven  or  eight  leagues  of  them  without  their  consent, 
unless  the  situation  of  the  land  thereabout  be  such  that  the  Com 
mander  and  Council,  for  good  reasons,  should  order  otherwise; 
always  observing  that  the  first  occupiers  are  not  to  be  prejudiced 
in  the  right  they  have  obtained,  other  then,  unless  the  service  of 


1629]  CHARTER  OF  PRIVILEGES  TO   PATROONS  45 

the  Company  should  require  it,  for  the  building  of  fortifications, 
or  something  of  that  sort;  the  command  of  each  bay,  river  or 
island,  of  the  first  settled  Colonie,  remaining,  moreover,  under 
the  supreme  jurisdiction  of  their  High  Mightinesses  the  States- 
General  and  the  Company:  but  that  on  the  next  Colonies  being 
settled  on  the  same  river  or  island,  they  may,  in  conjunction 
with  the  first,  appoint  one  or  more  Deputies  in  order  to  consider 
what  may  be  necessary  for  the  prosperity  of  the  Colonies  on  the 
said  river  and  island. 

VI.  They  shall  forever  possess  and  enjoy  all  the  lands  lying 
within  the  aforesaid  limits,  together  with  the  fruits,  rights,  min 
erals,  rivers  and  fountains  thereof;  as  also  the  chief  command 
and  lower  jurisdictions,  fishing,  fowling  and  grinding,  to  the  ex 
clusion  of  all  others,  to  be  holden  from  the  Company  as  a  per 
petual  inheritance,  without  it  ever  devolving  again  to  the  Company, 
and  in  case  it  should  devolve,  to  be  redeemed  and  repossessed 
with  twenty  guilders  per  Colonie,  to  be  paid  to  this  Company,  at 
the  Chamber  here  or  to  their  Commander  there,  within  a  year  and 
six  weeks  after  the  same  occurs,  each  at  the  Chamber  where  he 
originally  sailed  from;  and  further,  no  person  or  persons  whatso 
ever  shall  be  privileged  to  fish  and  hunt  but  the  Patroons  and  such 
as  they  shall  permit.     And  in  case  any  one  should  in  time  prosper 
so  much  as  to  found  one  or  more  cities,  he  shall  have  power  and 
authority  to  establish  officers  and  magistrates  there,  and  to  make 
use  of  the  title  of  his  Colonie,  according  to  his  pleasure  and  to 
the  quality  of  the  persons. 

VII.  There  shall  likewise  be  granted  to  all  Patroons  who  shall 
desire  the  same,  venia  testandi,  or  liberty  to  dispose  of  their 
aforesaid  heritage  by  testament. 

VIII.  The  Patroons  may,  if  they  think  proper,  make  use  of  all 
lands,  rivers  and  woods  lying  contiguous  to  them,  for  and  during 
so  long  a  time  as  this  Company  shall  grant  them  to  other  Patroons 
or  private  persons. 

IX.  Those  who  shall  send  persons  over  to  settle  Colonies,  shall 
furnish  them  with  proper   instructions   in  order  that  they  may 
be  ruled  and  governed  conformably  to  the  rule  of  government 
made,  or  to  be  made,  by  the  Board  of  the  Nineteen,  as  well 
in  the  political  as  in  the  judicial  government;  which  they  shall 
be  obliged  first  to  lay  before   the  Directors  of   the   respective 
Chambers. 


46  CHARTER  OF  PRIVILEGES  TO   PATROONS     [June  7/17 

X.  The  Patroons  and  colonists  shall  be  privileged  to  send  their 
people  and  effects  thither,  in  ships  belonging  to  the  Company, 
provided  they  take  the  oath,  and  pay  to  the  Company  for  bring 
ing  over  the  people,  as  mentioned  in  the  first  article  and  for 
freight  of  the  goods,  five  per  cent,  ready  money,  to  be  reckoned 
on  the  prime  cost  of  the  goods  here,  in  which  is,  however,  not 
to  be  included  such  cattle  and  implements  as  are  necessary  for 
the  cultivation  and  improvement  of  the  lands,  which  the  Com 
pany  are  to  carry  over  without  any  reward,  if  there  is  room  in 
their  ships.     But  the  Patroons  shall,  at  their  own  expense,  pro 
vide  and  make  places  for  them,  together  with  everything  necessary 
for  the  support  of  the  cattle. 

XI.  In  case  it  should  not  suit  the  Company  to  send  any  ships, 
or  there  should  be  no  room  in  those  sailing  thither,  then  the  said 
Patroons,  after  having  communicated  their  intentions,  and  after 
having  obtained  consent  from  the  Company  in  writing,  may  send 
their  own  ships  or  vessels  thither;  provided  that,  in  going  or 
coming,  they  go  not  out  of  their  ordinary  course,  giving  security 
to  the  Company  for  the  same  and  taking  on  board  an  assistant, 
to  be  victualed  by  the  Patroons,  and  paid  his  monthly  wages  by 
the  Company,  on  pain,  for  doing  the  contrary,  of  forfeiting  all 
right  and  property  they  have  obtained  to  the  Colonie. 

XII.  Inasmuch  as  it  is  intended  to  people  the  Island  of  the 
Manhattes  first,  all  fruits  and  wares  that  are  produced  on  the  lands 
situate  on  the  North  river,  and  lying  thereabout,  shall,  for  the 
present,  be  brought  there  before  being  sent  elsewhere,  excepting 
such  as  are,  from  their  nature,  unnecessary  there,  or  such  as  can 
not,  without  great  loss  to  the  owner  thereof,  be  brought  there,  in 
which  case  the  owners  thereof  shall  be  obliged  to  give  timely 
notice  in  writing  of  the  difficulty  attending  the  same  to  the  Com 
pany  here,  or  the  Commander  and  Council  there,  that  the  same 
may  be  remedied  as  the  necessity  thereof   shall  be  found  to 
require. 

XIII.  All  the  Patroons  of  Colonies  in  New  Netherland,  and 
of  Colonies  on  the  Island  of  Manhattes,  shall  be  at  liberty  to  sail 
and  traffic  all  along  the  coast,  from  Florida  to  Terra  Neuf,  pro 
vided  that  they  do  again  return  with  all  such  goods  as  they  shall 
get  in  trade  to  the  Island  of  Manhattes,  and  pay  five  per  cent 
duty  to  the  Company,  in  order,  if  possible,  that,  after  the  neces 
sary  inventory  of  the  goods  shipped  be  taken,  the  same  may  be 


1 629]  CHARTER   OF  PRIVILEGES  TO  PATROONS  47 

sent  hither.  And  if  it  should  so  happen  that  they  could  not 
return,  by  contrary  streams  or  otherwise,  they  shall,  in  such  case, 
not  be  permitted  to  bring  such  goods  to  any  other  place  but  to 
these  dominions,  in  order  that,  under  the  inspection  of  the 
Directors  of  the  place  where  they  may  arrive,  they  may  be  un 
laden,  an  inventory  thereof  made,  and  the  aforesaid  duty  of  five 
per  cent  paid  to  the  Company  here,  on  pain,  if  they  do  the  con 
trary,  of  the  forfeiture  of  their  goods  so  trafficked  for,  or  the  real 
value  thereof. 

XIV.  In  case  the  ships  of  the  Patroons,  in  going  to,  or  coming 
from,  or  sailing  on  the  coast  from  Florida  to  Terra  Neuf,  and  no 
further,  without  our  grant,  should  overpower  any  prizes  of  the 
enemy,  they  shall  be  obliged  to  bring,  or  cause  to  be  brought, 
such  prize  to  the  Chamber  of  the  place  from  whence  they  sailed 
out,  in  order  to  be  rewarded  by  it;  the  Company  shall  keep  the 
one-third  part  thereof,  and  the  remaining  two-thirds  shall  belong 
to  them,  in  consideration  of  the  cost  and  risk  they  have  been  at, 
all  according  to  the  orders  of  the  Company. 

XV.  It  shall  be  also  free  for  the  aforesaid  Patroons  to  traffic 
and  trade  all  along  the  coast  of  New  Netherland  and  places  cir 
cumjacent,  with  such  goods  as  are  consumed  there,  and  receive 
in  return  for  them  all  sorts  of  merchandise  that  may  be  had  there, 
except  beavers,  otters,  minks,  and  all  sorts  of  peltry,  which  trade 
the  Company  reserve  to  themselves.     But  the  same  shall  be  per 
mitted  at  such  places  where  the  Company  have  no  factories,  con 
ditioned  that  such  traders  shall  be  obliged  to  bring  all  the  peltry 
they  can  procure  to  the  Island  of  Manhattes,  in  case  it  may  be, 
at  any  rate,  practicable,  and  there  deliver  to  the  Director,  to  be 
by  him  shipped  hither  with  the  ships  and  goods;    or,   if  they 
should  come  here  without  going  there,  then  to  give  notice  thereof 
to  the  Company,  that  a  proper  account  thereof  may  be  taken,  in 
order  that  they  may  pay  to  the  Company  one  guilder  for  each 
merchantable  beaver  and  otter  skin;  the  property,  risk  and  all 
other  charges  remaining  on  account  of  the  Patroons  or  owners. 

XVI.  All  coarse  wares  that  the  Colonists  of  the  Patroons  there 
shall  consume,  such  as  pitch,  tar,  weed-ashes,  wood,  grain,  fish, 
salt,  hearthstone  and  such  like  things  shall  be  conveyed  in  the 
Company's  ships,  at  the  rate  of  eighteen  guilders  per  last;  four 
thousand  weight  to  be  accounted  a  last,  and  the  Company's  ship's 
crew  shall  be  obliged  to  wheel  and  bring  the  salt  on  board, 


48  CHARTER   OF   PRIVILEGES  TO  PATROONS     [June  7/17 

whereof  ten  lasts  make  a  hundred.  And,  in  case  of  the  want  of 
ships,  or  room  in  the  ships,  they  may  order  it  over,  at  their  own 
cost,  in  ships  of  their  own,  and  enjoy  in  these  dominions  such 
liberties  and  benefits  as  the  Company  have  granted;  but,  in  either 
case,  they  shall  be  obliged  to  pay,  over  and  above  the  duty  of  five 
per  cent,  eighteen  guilders  for  each  hundred  of  salt  that  is  carried 
over  in  the  Company's  ships. 

XVII.  For  all  wares  which  are  not  mentiond  in  the  foregoing 
article,  and  which  are  not  carried  by  the  last,  there  shall  be  paid 
one  dollar  for  each  hundred  pounds  weight;    and  for  wines, 
brandies,   verjuice  and  vinegar,   there   shall  be  paid   eighteen 
guilders  per  cask. 

XVIII.  The  Company  promises  the  colonists  of  the  Patroons 
that  they  shall  be  free  from  customs,  taxes,  excise,  imposts  or 
any  other  contributions  for  the  space  of  ten  years;  and  after  the 
expiration  of  the  said  ten  years,  at  the  highest,  such  customs  as 
the  goods  pay  here  for  the  present. 

XIX.  They  will  not  take  from  the  service  of  the  Patroons  any 
of  their  colonists,  either  man  or  woman,  son  or  daughter,  man 
servant  or  maid-servant;  and,  though  any  of  these  should  desire 
the  same,  they  will  not  receive  them,  much  less  permit  them  to 
leave  their  Patroons,  and  enter  into  the  service  of  another,  unless 
on  consent  obtained  from  their  Patroons  in  writing,  and  this  for 
and  during  so  many  years  as  they  are  bound  to  their  Patroons; 
after  the  expiration  whereof,   it  shall  be  in  the  power  of  the 
Patroons  to  send  hither  all  such  colonists  as  will  not  continue  in 
their  service,  who  until  then  shall  not  enjoy  their  liberty.     And 
any  colonist  who  shall  leave  the  service  of  his  Patroon,  and  enter 
into  the  service  of  another,  or  shall,  contrary  to  his  contract, 
leave  his  service,  we  promise  to  do  everything  in  our  power  to 
apprehend  and  deliver  the  same  into  the  hands  of  his  Patroon  or 
attorney,  that  he  may  be  proceeded  against  according  to  the  cus 
toms  of  this  country,  as  occasion  may  require. 

XX.  From  all  judgments  given  by  the  Courts  of  the  Patroons 
for  upwards  of  fifty  guilders,  there  may  be  an  appeal  to  the  Com 
pany's  Commander  and  Council  in  New  Netherland. 

XXL  In  regard  to  such  private  persons  as  on  their  own 
account,  or  others  in  the  service  of  their  masters  here  (not  enjoy 
ing  the  same  privileges  as  the  Patroons),  shall  be  inclined  to  go 
thither  and  settle,  they  shall,  with  the  approbation  of  the  Director 


1629]  CHARTER  OF  PRIVILEGES  TO   PATROONS  49 

and  Council  there,  be  at  liberty  to  take  up  and  take  possession 
of  as  much  land  as  they  shall  be  able  properly  to  improve,  and 
shall  enjoy  the  same  in  full  property  either  for  themselves  or 
masters. 

XXII.  They  shall  have  free  liberty  of  hunting  and  fowling,  as 
well  by  water  as  by  land,  generally,  and  in  public  and  private 
woods  and  rivers  about  their  Colonies,  according  to  the  orders 
of  the  Director  and  Council. 

XXIII.  Whosoever,  whether  colonists  of   Patroons  for  their 
Patroons,  or  free  persons  for  themselves,  or  others  for  their  mas 
ters,  shall  discover  any  shores,  bays  or  other  fit  places  for  erecting 
fisheries,  or  the  making  of  salt  ponds,  they  may  take  possession 
thereof,  and  begin  to  work  on  them  as  their  own  absolute  prop 
erty,  to  the  exclusion  of  all  others.     And  it  is  consented  to  that 
the  Patroons  of  colonists  may  send  ships  along  the  coast  of  New 
Netherland,  on  the  cod  fishery,  and  with  the  fish  they  catch, 
trade  to  Italy  or  other  neutral  countries,  paying  in  such  cases  to 
the  Company  a  duty  of  six  guilders  per  last;  and  if  they  should 
come  with  their  lading  hither,  they  shall  be  at  liberty  to  proceed 
to  Italy,  though  they  shall  not,  under  pretext  of  this  consent,  or 
leave  from  the  Company,  carry  any  goods  there,  on  pain  of  arbi 
trary  punishment,  and  it  remaining  in  the  breast  of  the  Company 
to  put  a  supercargo  on  board  each  ship,  as  in  the  eleventh  article. 

XXIV.  In  case  any  of  the  colonists  should,  by  his  industry  and 
diligence,  discover  any  minerals,  precious  stones,  crystals,  mar 
bles  or  such  like,  or  any  pearl  fishery,  the  same  shall  be  and 
remain  the  property  of  the  Patroon  or  Patroons  of  such  Colonie, 
giving  and  ordering  the  discoverer  such  premium  as  the  Patroon 
shall  beforehand  have  stipulated  with  such  colonist  by  contract. 
And  the  Patroons  shall  be  exempt  from  the  payment  of  duty  to 
the  Company  for  the  term  of  eight  years,  and  pay  only  for  freight, 
to  bring  them  over,  two  per  cent,  and  after  the  expiration  of  the 
aforesaid  eight  years,  for  duty  and  freight,  the  one-eighth  part  of 
what  the  same  may  be  worth. 

XXV.  The  Company  will  take  all  the  colonists,  as  well  free 
as  those  that  are  in  service,  under  their  protection,  and  them 
defend  against  all  foreign  and  domestic  wars  and  powers,  with 
the  forces  they  have  there,  as  much  as  lies  in  their  power. 

XXVI.  Whosoever  shall  settle  any  Colonie  out  of  the  limits 
of  the  Manhattes  Island,  shall  be  obliged  to  satisfy  the  Indians 


£O  GRANT  OF  NEW  HAMPSHIRE  [Nov.  7/17 

for  the  land  they  shall  settle  upon,  and  they  may  extend  or  enlarge 
the  limits  of  their  Colonies  if  they  settle  a  proportionate  number 
of  colonists  thereon. 

XXVII.  The  Patroons  and  colonists  shall  in  particular,  and  in 
the   speediest  manner,   endeavor  to  find  out  ways  and  means 
whereby  they  may  support  a  Minister  and  Schoolmaster,  that  thus 
the  service  of  God  and  zeal  for  religion  may  not  grow  cool  and 
be  neglected  among  them,  and  they  shall,  for  the  first,  procure 
a  Comforter  of  the  sick  there. 

XXVIII.  The  Colonies  that  shall  happen  to  lie  on  the  re 
spective  rivers  or  islands  (that  is  to  say,  each  river  or  island  for 
itself),  shall  be  at  liberty  to  appoint  a  Deputy,  who  shall  give 
information  to  the  Commander  and   Council  of  that  Western 
quarter,  of  all  things  relating  to  his  Colonie,  and  further  matters 
relating  thereto,  of  which  Deputies  there  shall  be  one  altered  or 
changed  in  every  two  years;  and  all  Colonies  shall  be  obliged, 
at  least  once  in  every  twelve  months,  to  make  exact  report  of 
their  condition  and  of  the  lands  thereabout  to  the  Commander 
and  Council  there,  in  order  to  be  transmitted  hither. 

XXIX.  The  Colonists  shall  not  be  permitted  to  make   any 
woolen,  linen  or  cotton  cloth,  nor  weave  any  other  stuffs  there, 
on  pain  of  being  banished,  and  as  perjurers,  to  be  arbitrarily 
punished. 

XXX.  The  Company  will  use  their  endeavors  to  supply  the 
colonists  with  as  many  Blacks  as  they  conveniently  can,  on  the 
conditions  hereafter  to  be  made,  in  such  manner,  however,  that 
they  shall  not  be  bound  to  do  it  for  a  longer  time  than  they  shall 
think  proper. 

XXXI.  The  Company  promise  to  finish  the  fort  on  the  Island 
of  the  Manhattes,  and  to  put  it  in  a  posture  of  defence  without 
delay. 


No.  10.    Grant  of  New  Hampshire 

November  7/17,  1629 

THE  New  Hampshire  patent  of  1629  is  of  the  same  form  and  tenor  as  the 
patent  of  1622  [No.  7],  but  with  restricted  boundaries.  Only  the  portion 
defining  the  boundaries  is  here  given. 

REFERENCES.  —  Text  in  Hazard's  Historical  Collections,  I.,  289-293. 


i629]  PLYMOUTH   PATENT  51 

[The  patent  recites  the  grant  of  1620  to  the  Council  for  New 
England,  and  continues :] 

Now  THIS  INDENTURE  WITNESSETH,  That  the  said  President  and 
Council  ...  do  give,  grant  .  .  .  and  confirm  unto  the  said  Cap 
tain  John  Mason,  his  Heires  and  Assigns,  all  that  Part  of  the 
main  Land  in  New-England,  lying  upon  the  Sea  Coast,  beginning 
from  the  middle  Part  of  Merrimack  River,  and  from  thence  to 
proceed  northwards  along  the  Sea  Coast  to  Piscataqua  River,  and 
so  forwards  up  within  the  said  River,  and  to  the  furthest  Head 
thereof,  and  from  thence  northwestwards,  until  three  Score  Miles 
be  finished  from  the  first  Entrance  of  Piscataqua  River,  and  also 
from  Merrimack  through  the  said  River,  and  to  the  furthest  Head 
thereof,  and  so  forwards  up  into  the  Lands  westwards  until  three 
Score  Miles  be  finished;  and  from  thence  to  cross  over  Land  to 
the  three  Score  Miles,  and  accompted  from  Piscataqua  River, 
together  with  all  Islands  and  Islets  within  Five  Leagues  Distance 
of  the  Premisses,  and  abutting  upon  the  same  or  any  Part  or 
Parcel  thereof;  .  .  .  which  said  Portions  of  Lands  with  the 
Appurtenances,  the  said  Captain  John  Mason,  with  the  Consent  of 
the  President  and  Council,  intends  to  name  New-Hampshire :  .  .  . 


No.  ii.    Plymouth  Patent 

January  13/23,  1629/30 

IT  was  the  original  intention  of  the  Separatists  in  Holland  to  settle  near  the 
Hudson  River,  within  the  limits  of  the  Virginia  Company;  and  a  patent  was 
accordingly  obtained  from  the  Company,  June  9/19,  1619.  The  establishment 
of  the  colony  at  Plymouth,  outside  the  territory  of  the  Virginia  Company, 
made  the  patent  useless;  and  a  grant  was  next  obtained,  June  i/u,  1621, 
from  the  Council  for  New  England,  being  the  first  grant  made  by  the  Council. 
The  patent  was  temporarily  superseded  by  a  grant  of  April  20/30,  1622,  in 
the  name  and  for  the  benefit  of  John  Pierce;  this  was  later  assigned  to  the 
Merchant  Adventurers  of  London  for  ^500.  The  patent  of  Jan.  13/23, 
1629/30,  was  granted  to  Bradford  and  others,  through  the  agency  of  Allerton. 
In  March,  1640/41,  this  patent  was  assigned  to  the  freemen  of  New  Plymouth. 
Neither  of  the  Plymouth  patents  was  confirmed  by  the  Crown,  and  the  colony 
never  obtained  a  royal  charter.  Only  so  much  of  the  patent  of  1629/30  is 
here  given  as  defines  the  limits  of  the  grant. 

REFERENCES. —  Text  in  Brigham's  Laws  of  New  Plymouth,  21-26.  The 
patent  of  1621,  with  notes  by  Deane,  is  in  Mass.  Hist.  Coll.,  Fourth  Series,  II., 
156-163.  The  act  of  surrender,  1640,  is  in  Hazard's  Historical  Collections,  I., 
468,  469.  For  general  references,  see  under  No,  5, 


52  PLYMOUTH  PATENT  [Jan.  13/23 

[The  patent  recites  the  grant  of  1620  to  the  Council  for  New 
England,  and  continues :] 

Now  knowe  yee  that  the  said  councell  by  virtue  and  authority 
of  his  said  late  Majesty's  letters  pattents  and  for  and  in  considera 
tion  that  William  Bradford  and  his  associatts  have  for  these  nine 
yeares  lived  in  New  Englande  aforesaid  and  have  there  inhabited 
and  planted  a  towne  called  by  the  name  of  New  Plimouth  att  their 
own  proper  costs  and  charges:  And  now  seeinge  that  by  the 
speciall  providence  of  god,  and  their  extraordinary  care  and  in 
dustry  they  have  increased  their  plantation  to  neere  three  hundred 
people,  and  are  uppon  all  occasions  able  to  relieve  any  new 
planters  or  others  his  Majesty's  subjects  whoe  may  fall  uppon 
that  coaste;  .  .  .  doe  .  .  .  graunt  .  .  .  unto  the  said  William 
Bradford,  his  heires,  associatts  and  assignes  all  that  part  of  New- 
Englande  in  America  aforesaid  and  tracte  and  tractes  of  lande 
that  lye  within  or  betweene  a  certaine  rivolet  or  rundlett  there 
commonly  called  Coahassett  alias  Conahasset  towards  the  north, 
and  the  river  commonly  called  Naragansets  river  towards  the 
south;  and  the  great  westerne  ocean  towards  the  east,  and  be 
tweene  and  within  a  straight  line  directly  extendinge  upp  into 
the  maine  land  towards  the  west  from  the  mouth  of  the  said  river 
called  Naragansetts  river  to  the  utmost  limitts  and  bounds  of  a 
cuntry  or  place  in  New  Englande  called  Pokenacutt  alias  Sowam- 
sett  westward,  and  another  like  straight  line  extendinge  itself 
directly  from  the  mouth  of  the  said  river  called  Coahassett  alias 
Conahassett  towards  the  west  so  farr  up  into  the  maine  lande 
westwardes  as  the  utmost  limitts  of  the  said  place  or  cuntry  com 
monly  called  Pokencutt  alias  Sowamsett  doe  extend,  togeather 
with  one  half  of  the  said  river  called  Naragansetts  and  the  said 
rivolett  or  rundlett  called  Coahassett  alias  Conahassett.  .  .  . 
And  for  as  much  as  they  have  noe  conveniente  place  either  of 
tradinge  or  ffishinge  within  their  own  precints  whereby  (after  soe 
longe  travell  and  great  paines,)  so  hopefull  a  plantation  may  sub- 
siste,  as  alsoe  that  they  may  bee  incouraged  the  better  to  proceed 
in  soe  pious  a  worke  which  may  especially  tend  to  the  propagation 
of  religion  and  the  great  increase  of  trade  to  his  Majesty's 
realmes,  and  advancemente  of  the  publique  plantation,  the  said 
councell  .  .  .  further  .  .  .  graunte  .  .  .  unto  the  said  William 
Bradford  ...  all  that  tracte  of  lande  or  parte  of  New  England 
.  .  .  which  lyeth  within  or  betweene  and  extendeth  itself  from 


1629/30]  CHARTER  OF  MARYLAND  53 

the  utmost  limitts  of  Cobbiseconte  alias  Comasee-Conte  which 
adjoineth  to  the  river  of  Kenebeke  alias  Kenebekike  towards  the 
westerne  ocean  and  a  place  called  the  falls  at  Mequamkike  .  .  .  , 
and  the  space  of  fifteene  Englishe  miles  on  each  side  of  the  said 
river  commonly  called  Kenebek  river,  and  all  the  said  river  called 
Kenebek  that  lies  within  the  said  limitts  and  bounds  eastward 
westward  northward  or  southward  laste  above  mentioned. 


No.   12.    Charter  of  Maryland 

June  20/30,  1632 

GEORGE  CALVERT,  first  Lord  Baltimore,  had  been  a  member  of  the  Virginia 
Company,  and,  as  one  of  the  two  principal  secretaries  of  state,  was  a  member 
of  the  Committee  of  the  Council  for  Plantation  Affairs.  In  1620  he  purchased 
a  tract  of  land  in  Newfoundland,  for  which,  under  the  name  of  Avalon,  he 
obtained  from  James  I.,  in  1623,  a  patent  as  proprietor.  He  visited  his 
province  in  1627,  with  the  intention  of  remaining;  but  the  advantages  of  the 
region  had  been  exaggerated,  and  the  climate  was  such  as  to  discourage 
colonization.  In  1629  he  went  to  Virginia,  but  was  obliged  to  leave  on  his 
refusal,  as  a  Catholic,  to  take  the  oaths  of  allegiance  and  supremacy.  Return 
ing  to  England,  he  obtained  from  Charles  I.  a  grant  of  land  north  of  the 
Potomac.  Baltimore  died  shortly  before  the  patent  passed  the  seals,  and  the 
charter  was  issued  to  his  son,  Cecil,  second  Lord  Baltimore,  June  20/30,  1632. 
The  region  granted  to  Baltimore  had  been  included  in  the  Virginia  grant  of 
1609;  but  the  revocation  of  the  third  charter  in  1624  had  left  Virginia  a  royal 
province,  with  its  unsettled  portions  subject  to  allotment  at  the  pleasure  of  the 
king.  Former  members  of  the  Virginia  Company  protested  against  the  grant; 
but  the  protest  was  ineffectual,  and  Virginia  was  directed  to  befriend  the  new 
colony.  The  charter  of  Maryland,  modelled  on  that  of  Avalon,  "  conferred 
on  the  grantee  probably  the  most  extensive  political  privileges  ever  enjoyed 
by  an  English  subject,  since  the  great  houses  had  bowed  before  the  successive 
oppression  of  Yorkist  and  Tudor  rule  "  (Doyle). 

REFERENCES. —  Text,  Latin  and  English,  in  Bacon's  Laws  of  Maryland. 
The  early  legislation  of  the  colony  may  be  followed  in  Bacon,  and  in  Mary 
land  Archives,  I.  See  also  Scharf's  History  of  Maryland,  I.;  Bozman's 
History  of  Maryland,  II.;  McMahon's  Hist.  View  of  the  Government  of 
Maryland,  I.;  Sainsbury's  Calendar  of  State  Papers,  Colonial,  I.;  Browne's 
Georgius  and  Cecilius  Calvert ;  Winsor's  Narr.  and  Crit.  Hist.,  III.,  chap.  13. 

CHARLES,  by  the  grace  of  GOD,  of  England,  Scotland, 
France,  and  Ireland,  l&mcj,  Defender  of  the  Faith,  &c.  To  ALL 
to  whom  these  Presents  shall  come,  GREETING. 

II.    WHEREAS  our  well  beloved  and  right  trusty  Subject  CM- 


54  CHARTER  OF  MARYLAND  [June  20/30 

CILIUS  CALVERT,  Baron  of  BALTIMORE,  in  our  Kingdom 
of  Ireland,  Son  and  Heir  of  GEORGE  CALVERT,  Knight,  late  Baron 
of  BALTIMORE,  in  our  said  Kingdom  of  Ireland,  treading  in  the 
Steps  of  his  Father,  being  animated  with  a  laudable,  and  pious 
Zeal  for  extending  the  Christian  Religion,  and  also  the  Territories 
of  our  Empire,  hath  humbly  besought  Leave  of  Us,  that  he  may 
transport,  by  his  own  Industry,  and  Expence,  a  numerous  Colony 
of  the  English  Nation,  to  a  certain  Region,  herein  after  described, 
in  a  Country  hitherto  uncultivated,  in  the  Parts  of  America,  and 
partly  occupied  by  Savages,  having  no  Knowledge  of  the  Divine 
Being,  and  that  all  that  Region,  with  some  certain  Privileges, 
and  Jurisdictions,  appertaining  unto  the  wholesome  Govern 
ment,  and  State  of  his  Colony  and  Region  aforesaid,  may  by  our 
Royal  Highness  be  given,  granted,  and  confirmed  unto  him,  and 
his  Heirs. 

III.  KNOW  YE  therefore,  that  WE,  encouraging  with  our  Royal 
Favour,  the  pious  and  noble  Purpose  of  the  aforesaid  Barons  of 
BALTIMORE,  ...  by  this  our  present  CHARTER  ...  do 
GIVE,  GRANT,  and  CONFIRM,  unto  the  aforesaid  C^ECILIUS,  now 
Baron  of  BALTIMORE,  his  Heirs,  and  Assigns,  all  that  Part 
of  the  Peninsula,  or  Chersonese,  lying  in  the  Parts  of  America, 
between  the  Ocean  on  the  East,  and  the  Bay  of  Chesopeake  on 
the  West,  divided  from  the  Residue  thereof  by  a  Right  Line 
drawn  from  the  Promontory,  or  Head- Land,  called  Watkin's 
Point,  situate  upon  the  Bay  aforesaid,  near  the  River  of  Wighco, 
on  the  West,  unto  the  Main  Ocean  on  the  East;  and  between 
that  Boundary  on  the  South,  unto  that  Part  of  the  Bay  of  Dela 
ware  on  the  North,  which  lyeth  under  the  Fortieth  Degree  of 
North  Latitude  from  the  ^Equinoctial,  where  New-England  is 
terminated:  And  all  the  Tract  of  that  Land  within  the  Metes 
underwritten  (that  is  to  say]  passing  from  the  said  Bay,  called 
Delaware  Bay,  in  a  right  Line,  by  the  Degree  aforesaid,  unto 
the  true  .Meridian  of  the  first  Fountain  of  the  River  of  Pattow- 
mack,  thence  verging  towards  the  South,  unto  the  further  Bank 
of  the  said  River,  and  following  the  same  on  the  West  and  South, 
unto  a  certain  Place  called  Cinquack,  situate  near  the  Mouth  of 
the  said  River,  where  it  disembogues  into  the  aforesaid  Bay  of 
Chesopeake,  and  thence  by  the  shortest  Line  unto  the  aforesaid 
Promontory,  or  Place,  called  Watkin's  Point;  so  that  the  whole 
Tract  of  Land,  divided  by  the  Line  aforesaid,  between  the  Main 


1632]  CHARTER  OF  MARYLAND  55 

Ocean,  and  Watkirfs  Point,  unto  the  Promontory  called  Cape- 
Charles,  and  every  the  Appendages  thereof,  may  entirely  remain 
excepted  for  ever  to  US,  our  Heirs,  and  Successors. 

IV.  Also  WE  do  GRANT,  and  likewise  CONFIRM  unto  the  said 
Baron  of  BALTIMORE,  ...  all  Islands  and  Islets  within  the 
Limits  aforesaid,  all  and  singular  the  Islands  and  Islets,  from 
the  Eastern  Shore  of  the  aforesaid  Region,  towards  the  East, 
which  have  been,  or  shall  be  formed  in  the  Sea,  situate  within 
Ten  marine  Leagues  from  the  said  Shore;  .  .  .  And  furthermore 
the  PATRONAGES,  and  ADVOWSONS  of  all  Churches  which  (with  the 
increasing  Worship  and  Religion  of  CHRIST)  within  the  said 
Region  .  .  .  ,  hereafter  shall  happen  to  be  built,  together  with 
Licence  and  Faculty  of  erecting  and  founding  Churches,  Chapels, 
and  Places  of  Worship,  in  convenient  and  suitable  Places,  within 
the  Premises,  and  of  causing  the  same  to  be  dedicated  and  con 
secrated  according  to  the  Ecclesiastical  Laws  of  our  Kingdom  of 
England,  with  all,  and  singular  such,  and  as  ample  Rights,  Juris 
dictions,  Privileges,  Prerogatives,  Royalties,  Liberties,  Immuni 
ties,  and  royal  Rights,  and  temporal  Franchises  whatsoever,  as 
well  by  Sea  as  by  Land,  within  the  Region  .  .  .  aforesaid,  to  be 
had,  exercised,  used,  and  enjoyed,  as  any  Bishop  of  Durham, 
within  the  Bishoprick  or  County  Palatine  of  Durham,   in  our 
Kingdom  of  England,  ever  heretofore  hath  had,  held,  used,  or 
enjoyed,  or  of  Right  could,  or  ought  to  have,  hold,  use,  or  enjoy. 

V.  And  WE  do  by  these  Presents  .  .  .  MAKE,  CREATE  and  CON 
STITUTE  HIM,  the  now  Baron  of  BALTIMORE,  and  his  Heirs, 
the  TRUE  and  ABSOLUTE  LORDS  and  PROPRIETARIES  of  the  Region 
aforesaid,  and  of  all  other  the  Premises  (except  the  before  ex 
cepted)  saving  always  the  Faith  and  Allegiance  and  Sovereign 
Dominion  due  to  US  .  .   .    ;  TO  HOLD  of  US  ...  as  of  our 
Castle  of  Windsor,  in  our  County  of  Berks,  in  free  and  common 
SOCCAGE,  by  Fealty  only  for  all  Services,  and  not  in  capite,  nor 
by  Knight's  SERVICE,  YIELDING  therefore  unto  US,.  .  .  two 
INDIAN  ARROWS  of  those  Parts,  to  be  delivered  at  the  said  Castle 
of  Windsor,  every  Year,  on  Tuesday  in  Easter- Week :    And  also 
the  fifth  Part  of  all  Gold  and  Silver  Ore,  which  shall  happen 
from  Time  to  Time,  to  be  found  within  the  aforesaid  limits. 

VI.  Now,  That  the  aforesaid  Region,  thus  by  us  granted  and 
described,   may  be    eminently    distinguished    above    all    other 
Regions  of  that  Territory,  and  decorated  with  more  ample  Titles, 


56  CHARTER  OF   MARYLAND  [June  20/30 

KNOW  YE,  that  WE  ...  have  thought  fit  that  the  said  Region 
and  Islands  be  erected  into  a  PROVINCE,  as  out  of  the  pleni 
tude  of  our  royal  power  and  prerogative,  WE  do  ...  ERECT  and 
INCORPORATE  the  same  into  a  PROVINCE,  and  nominate  the 
same  MARYLAND,  by  which  name  WE  will  that  it  shall  from 
henceforth  be  called. 

VII.  And  forasmuch  as  WE  have  above  made  and  ordained 
the  aforesaid  now  Baron  of  BALTIMORE,  the  true  LORD  and 
Proprietary  of  the  whole  PROVINCE  aforesaid,  KNOW  YE  therefore 
further,  that  WE  ...  do  grant  unto  the  said  now  Baron,  (in 
whose  Fidelity,  Prudence,  Justice,  and  provident  Circumspection 
of  Mind,  WE  repose  the  greatest  Confidence)  and  to  his  Heirs,  for 
the  good  and  happy  Government  of  the  said  PROVINCE,  free,  full, 
and  absolute  Power,  by  the  tenor  of  these  Presents,  to  Ordain, 
Make,  and  Enact  LAWS,  of  what  kind  soever,  according  to  their 
sound  Discretions,  whether  relating  to  the  Public  State  of  the 
said  PROVINCE,  or  the  private  Utility  of  Individuals,  of  and  with 
the  Advice,  Assent,  and  Approbation  of  the  Free-Men  of  the  same 
PROVINCE,  or  of  the  greater  Part  of  them,  or  of  their  Delegates  or 
Deputies,  whom  WE  will  shall  be  called  together  for  the  framing 
of  LAWS,  when,  and  as  often  as  Need  shall  require,  by  the  afore 
said  now  Baron  of  BALTIMORE,  zn&  his  Heirs,  and  in  the 
Form  which  shall  seem  best  to  him  or  them,  and  the  same  to  pub 
lish  under  the  Seal  of  the  aforesaid  now  Baron  of  BALTIMORE, 
and  his  Heirs,  and  duly  to  execute  the  same  upon  all  Persons,  for 
the  Time  being,  within  the  aforesaid  PROVINCE,  and  the  Limits 
thereof,  or  under  his  or  their  Government  and  Power,  in  Sailing 
towards  MARYLAND,  or  thence  Returning,  Outward-bound, 
either  to  England,  or  elsewhere,  whether  to  any  other  Part  of 
Our,  or  of  any  foreign  Dominions,  wheresoever  established,  by 
the  Imposition  of  Fines,  Imprisonment,  and  other  Punishment 
whatsoever  ;  even  if  it  be  necessary,  and  the  Quality  of  the 
Offence  require  it,  by  Privation  of  Member,  or  Life,  by  him  the 
aforesaid  now  Baron  of  BALTIMORE,  and  his  Heirs,  or  by 
his  or  their  Deputy,  Lieutenant,  Judges,  Justices,  Magistrates, 
Officers,  and  Ministers,  to  be  constituted  and  appointed  accord 
ing  to  the  Tenor  and  true  Intent  of  these  Presents,  and  to  consti 
tute  and  ordain  Judges,  Justices,  Magistrates  and  Officers,  of 
what  Kind,  for  what  Cause,  and  with  what  Power  soever,  within 
that  Land,  and  the  Sea  of  those  Parts,  and  in  such  Form  as  to 


1632]  CHARTER  OF  MARYLAND  57 

the  said  now  Baron  of  BALTIMORE,  or  his  Heirs,  shall  seem 
most  fitting :  And  also  to  Remit,  Release,  Pardon,  and  Abolish, 
all  Crimes  and  Offences  whatsoever  against  such  Laws,  whether 
before,  or  after  Judgment  passed;  and  to  do  all  and  singular 
other  Things  belonging  to  the  Completion  of  Justice,  and  to 
Courts,  Praetorian  Judicatories,  and  Tribunals,  judicial  Forms 
and  Modes  of  Proceeding,  although  express  Mention  thereof  in 
these  Presents  be  not  made;  and,  by  Judges  by  them  delegated, 
to  award  Process,  hold  Pleas,  and  determine  in  those  Courts, 
Praetorian  Judicatories,  and  Tribunals,  in  all  Actions,  Suits, 
Causes,  and  Matters  whatsoever,  as  well  Criminal  as  Personal, 
Real  and  Mixed,  and  Praetorian :  ...  So  NEVERTHELESS,  that  the 
Laws  aforesaid  be  consonant  to  Reason  and  be  not  repugnant  or 
contrary,  but  (so  far  as  conveniently  may  be)  agreeable  to  the  Laws, 
Statutes,  Customs  and  Rights  of  this  Our  Kingdom  of  England. 

VIII.  AND  FORASMUCH  as,  in  the  Government  of  so  great  a 
PROVINCE,  sudden  Accidents  may  frequently  happen,  to  which  it 
will  be  necessary  to  apply  a  Remedy,  before  the  Freeholders  of 
the  said  PROVINCE,  their  Delegates,  or  Deputies,  can  be  called 
together  for  the  framing  of  Laws;  neither  will  it  be  fit  that  so 
great  a  Number  of  People  should  immediately,  on  such  emergent 
Occasion,  be  called  together,  WE  THEREFORE,  for  the  better 
Government  of  so  great  a  PROVINCE,  ...  do  grant  .  .  .  that  the 
aforesaid  now  Baron  of  BALTIMORE ;  and  his  Heirs,  by  them 
selves,  or  by  their  Magistrates  and  Officers,  thereunto  duly  to  be 
constituted  as  aforesaid,  may,  and  can  make  and  constitute  fit 
and  wholesom  Ordinances  from  Time  to  Time,  to  be  kept  and 
observed  within  the  PROVINCE  aforesaid,  as  well  for  the  Conserva 
tion  of  the  Peace,  as  for  the  better  Government  of  the  People 
inhabiting  therein,  and  publickly  to  notify  the  same  to  all  Per 
sons  whom  the  same  in  any  wise  do  or  may  affect  ...  :  so  that 
the  same  Ordinances  do  not,  in  any  Sort,  extend  to  oblige,  bind, 
change,  or  take  away  the  Right  or  Interest  of  any  Person  or  Per 
sons,  of,  or  in  Member,  Life,  Freehold,  Goods  or  Chattels. 
*********** 

XVII.  MOREOVER,  We  will,  appoint,  and  ordain,  and  by  these 
Presents,  for  US,  our  Heirs  and  Successors,  do  grant  unto  the 
aforesaid  now  Baron  of  BALTIMORE,  his  Heirs  and  Assigns, 
that  the  same  Baron  of  BALTIMORE,  his  Heirs  and  Assigns, 
from  Time  to  Time,  for  ever,  shall  have,  and  enjoy  the  Taxes 


58  CHARTER   OF   MARYLAND  [June  20/30 

and  Subsidies  payable,  or  arising  within  the  Ports,  Harbours, 
and  other  Creeks  and  Places  aforesaid,  with  the  PROVINCE  afore 
said,  for  Wares  bought  and  sold,  and  Things  there  to  be  laden, 
or  unladen,  to  be  reasonably  assessed  by  them,  and  the  People 
there  as  aforesaid,  on  emergent  Occasion;  to  whom  WE  grant 
Power  by  these  Presents,  for  US,  our  Heirs  and  Successors,  to 
assess  and  impose  the  said  Taxes  and  Subsidies  there,  upon  just 
Cause,  and  in  due  Proportion. 

XVIII.  AND  FURTHERMORE  .  .  .  ,  WE  ...  do  give  .  .  .  unto 
the   aforesaid   now   Baron   of   BALTIMORE,   his   Heirs   and 
Assigns,  full  and  absolute  Licence,  Power,  and  Authority  .  .  . 
[to]  assign,  alien,  grant,  demise,  or  enfeoff  so  many,  such,  and 
proportionate  Parts  and  Parcels  of  the  Premises,  to  any  Person 
or  Persons  willing  to  purchase  the  same,  as  they  shall  think  con 
venient,  to  have  and  to  hold  ...  in  Fee-simple,  or  Fee-tail,  or 
for  Term  of  Life,  Lives,  or  Years;  to  hold  of  the  aforesaid  now 
Baron  of  BALTIMORE,  his  Heirs  and  Assigns,  by  ...  such  .  .  . 
Services,  Customs  and  Rents  OF  THIS  KIND,  as  to  the  same 
now  Baron  of  BALTIMORE,  his  Heirs  and  Assigns,  shall  seem 
fit  and  agreeable,  and  not  immediately  of  US.   .  .  . 

XIX.  WE  also,  ...  do  ...  grant  Licence  to  the  same  Baron 
of  BALTIMORE,  and  to  his  Heirs,  to  erect  any  Parcels  of 
Land  within  the  PROVINCE  aforesaid,  into  Manors,  and  in  every 
of  those  Manors,  to  have  and  to  hold  a  Court-Baron,  and  all 
Things  which  to  a  Court-Baron  do  belong;  and  to  have  and  to 
keep  View  of  Frank- Pledge,  for  the  Conservation  of  the  Peace 
and  better  Government  of  those  Parts,  by  themselves  and  their 
Stewards,  or  by  the  Lords,  for  the  Time  being  to  be  deputed,  of 
other  of  those  Manors  when  they  shall  be  constituted,  and  in  the 
same  to  exercise  all  Things  to  the  View  of  Frank-Pledge  be 
longing. 

**######### 

XXI.  AND  FURTHERMORE  WE  WILL  .  .  .  that  the  said  PROVINCE, 
and  the  Freeholders  or  Inhabitants  ...  of  the  said  Colony  or 
Country,  shall  not  henceforth  be  held  or  reputed  a  Member  or 
Part  of  the  Land  of  Virginia,  or  of  any  other  Colony  already 
transported,  or  hereafter  to  be  transported,  or  be  dependent  on 
the  same,  or  subordinate  in  any  kind  of  Government,  from  which 
WE  do  separate  both  the  said  PROVINCE,  and  Inhabitants  thereof, 
and  by  these  Presents  do  WILL  to  be  distinct,  and  that  they  may 


1632]       GRANT  OF  NEW  HAMPSHIRE  AND   MASSONIA  59 

be  immediately  subject  to  our  Crown  of  England,  and  dependent 
on  the  same  for  ever. 


No.  13.    Grant  of  New  Hampshire  and 
Massonia 

April  22/May  2,  1635 

MASON'S  grant  of  1635,  given  at  the  general  division  made  by  the  Council 
for  New  England  in  that  year,  was  not  confirmed  by  the  King.  In  1642-1643 
the  settlements  about  the  Piscataqua  were  absorbed  by  Massachusetts,  and  re 
mained  under  the  jurisdiction  of  that  colony  until  1679,  when  New  Hampshire 
became  a  royal  province.  In  1685  the  province  was  again  united  to  Massa 
chusetts.  New  Hampshire  never  received  a  royal  charter,  but  remained  a  crown 
province  until  the  Revolution. 

REFERENCES.  —  Text  in  Hazard's  Historical  Collections,  I.,  384-387.  Only 
the  definition  of  boundaries  is  given  here.  On  the  opinion  of  the  attorney- 
general,  in  1679,  relative  to  the  validity  of  Mason's  grants,  see  Hubbard's 
Hist,  of  New  England,  612-621,  in  Mass.  Hist.  Coll.,  Second  Series,  VI. 

[The  patent  recites  the  grant  of  1620  to  the  Council  for  New 
England,  and  continues:] 

Now  know  all  men  by  these  presents,  that  the  said  Counsell  of 
New  England,  in  America,  being  assembled  in  publick  court, 
according  to  an  act  made  and  agreed  upon  the  third  day  of 
February  last  past,  before  the  date  of  these  presents  .  .  .  ,  do  for 
them  and  their  successors,  give,  grant,  .  .  .  and  confirm  unto  Capt. 
John  Mason,  Esq;  his  heyres  and  assignes,  all  that  part  of  the 
Mayn  Land  of  New  England  aforesaid,  beginning  from  the  middle 
part  of  Naumkeck  River,  and  from  thence  to  proceed  eastwards 
along  the  Sea  Coast  to  Cape  Anne,  and  round  about  the  same  to 
Pischataway  Harbour,  and  soe  forwards  up  within  the  river  of 
Newgewanacke,  and  to  the  furthest  head  of  the  said  River,  and 
from  thence  northwestwards  till  sixty  miles  bee  finished,  from  the 
first  entrance  of  Pischataqua  Harbor,  and  alsoe  from  Naumkecke 
through  the  River  thereof  up  into  the  land  west  sixty  miles,  from 
which  period  to  cross  over  land  to  the  sixty  miles  end,  accompted 
from  Pischataway,  through  Newgewanacke  River  to  the  land 
northwest  aforesaid;  and  alsoe  all  that  the  South  Halfe  of  the 
Ysles  of  Sholes,  all  which  lands,  with  the  Consent  of  the  Coun- 


6O          FUNDAMENTAL  ORDERS  OF  CONNECTICUT     [Jan.  14/24 

sell,  shall  from  henceforth  be  called  New-hampshyre :  And  alsoe 
ten  thousand  acres  more  of  land  in  New  England  aforesaid,  on 
the  southeast  part  of  Sagadihoc,  at  the  mouth  or  entrance  thereof, 
from  henceforth  to  bee  called  by  the  name  of  Massonia;  togeather 
with  all  and  singular  Havens,  Harbors,  Cricks,  and  Yslands  in- 
bayed,  and  all  Islands  and  Isletts  lying  within  five  leagues  dis 
tance  of  the  Mayne  Land  opposite  and  abbutting  upon  the 
Premises  or  any  part  thereof,  not  formerly  lawfully  granted  to  any 
by  spetiall  name;  .  .  . 


No.  14.   Fundamental  Orders  of  Connecticut 

January  14/24,  1638/9 

THE  region  of  the  Connecticut  valley,  originally  included  within  the  grant 
of  1620  to  the  Council  for  New  England,  became  the  subject  of  rival  claims 
on  the  part  of  New  Netherland,  Massachusetts,  and  Plymouth.  A  patent  for 
the  territory  west  of  the  Narragansett  River,  given  in  March,  1631/2,  by  the 
Earl  of  Warwick,  president  of  the  Council  for  New  England,  to  Lord  Say 
and  Sele,  Lord  Brook,  and  others,  remained  unused  until  1635,  wnen  J°hn 
Winthrop,  the  younger,  arrived  with  a  commission  as  governor,  and  built  a 
fort  at  Saybrook,  at  the  mouth  of  the  Connecticut.  The  Dutch  had  already 
built  a  fort  at  Hartford,  and  in  1633  traders  from  Plymouth  had  established  a 
post  at  Windsor.  In  the  meantime,  Massachusetts  traders  had  explored  the 
overland  route  from  that  colony,  and  their  favorable  reports  encouraged  the 
plan,  already  under  consideration  by  inhabitants  of  Dorchester,  Watertown, 
and  Newtown  (Cambridge),  to  remove  to  a  region  where  greater  religious  and 
political  freedom,  as  well  as  opportunity  for  material  betterment,  could  be 
enjoyed.  The  plan  of  emigration,  defeated  in  1634,  was  approved  by  Massa 
chusetts  the  next  year,  and  a  commission  of  government  was  granted  by  the 
General  Court.  In  1635-1636,  settlements  were  planted  at  Windsor,  Wethers- 
field,  and  Hartford.  In  1637  tne  three  towns  assumed  the  control  of  their 
own  affairs,  and  in  January,  1638/9,  drew  up  the  constitution  known  as  the 
Fundamental  Orders  of  Connecticut  —  "  the  first  written  constitution  known 
to  history  that  created  a  government." 

REFERENCES.  —  Text  in  Connecticut  Colonial  Records,  I.,  20-25.  Warwick's 
patent  of  1631,  and  Wmthrop's  commission,  are  in  Trumbull's  History  of  Con 
necticut  (ed.  1 797) ,  I.,  525-528.  See  also  Andrews's  River  Towns  of  Connecti 
cut,  in  Johns  Hopkins  Univ.  Studies,  VII.,  Nos.  7-9;  Trumbull's  Connecticut, 
I.,  chaps.  4,  6;  Doyle's  Puritan  Colonies,  I.,  chap.  5;  Johnston's  History  of 
Connecticut. 

Forasmuch  as  it  hath  pleased  the  Allmighty  God  by  the  wise 
disposition  of  his  divyne  providence  so  to  Order  and  dispose  of 
things  that  we  the  Inhabitants  and  Residents  of  Windsor,  Harte- 


1638/9]      FUNDAMENTAL  ORDERS  OF  CONNECTICUT  6 1 

ford  and  Wethersfield  are  now  cohabiting  and  dwelling  in  and 
uppon  the  River  of  Conectecotte  and  the  Lands  thereunto  adjoyne- 
ing;  And  well  knowing  where  a  people  are  gathered  togather  the 
word  of  God  requires  that  to  mayntayne  the  peace  and  union  of 
such  a  people  there  should  be  an  orderly  and  decent  Goverment 
established  according  to  God,  to  order  and  dispose  of  the  affayres 
of  the  people  at  all  seasons  as  occation  shall  require ;  doe  there 
fore  assotiate  and  conjoyne  our  selves  to  be  as  one  Publike  State 
or  Commonwelth;  and  doe,  for  our  selves  and  our  Successors  and 
such  as  shall  be  adjoyned  to  us  att  any  tyme  hereafter,  enter  into 
Combination  and  Confederation  togather,  to  mayntayne  and  pre- 
searve  the  liberty  and  purity  of  the  gospell  of  our  Lord  Jesus 
which  we  now  professe,  as  also  the  disciplyne  of  the  Churches, 
which  according  to  the  truth  of  the  said  gospell  is  now  practised 
amongst  us;  As  also  in  our  Civell  Affaires  to  be  guided  and  gov 
erned  according  to  such  Lawes,  Rules,  Orders  and  decrees  as 
shall  be  made,  ordered  &  decreed,  as  f olloweth :  — 

1.  It  is  Ordered,  sentenced  and  decreed,  that  there  shall  be 
yerely  two  generall  Assemblies  or  Courts,  the  on  \_one~\  the  second 
thursday  in  Aprill,  the  other  the  second  thursday  in  September, 
following;  the  first  shall  be  called  the  Courte  of  Election,  wherein 
shall  be  yerely  Chosen  from  tyme  to  tyme  soe  many  Magestrats 
and  other  publike  Officers  as  shall  be  found  requisitte :  Whereof 
one  to  be  chosen  Governour  for  the  yeare  ensueing  and  untill 
another  be  chosen,  and  noe  other  Magestrate  to  be  chosen  for 
more  than  one  yeare ;  provided  allwayes  there  be  sixe  chosen 
besids  the  Governour;  which  being  chosen  and  sworne  according 
to  an  Oath  recorded  for  that  purpose  shall  have  power  to  adminis 
ter  justice  according  to  the  Lawes  here  established,  and  for  want 
thereof  according  to  the  rule  of  the  word  of  God;  which  choise 
shall  be  made  by  all  that  are  admitted  freemen  and  have  taken 
the  Oath  of  Fidellity,  and  doe  cohabitte  within  this  Jurisdiction, 
(having  beene  admitted  Inhabitants  by  the  major  part  of  the 
Towne  wherein  they  live,)  or  the  mayor  parte  of  such  as  shall  be 
then  present. 

2.  It  is  Ordered,  sentensed  and  decreed,  that  the  Election  of 
the  aforesaid  Magestrats  shall  be  on  this  manner :  every  person 
present  and  quallified  for  choyse  shall  bring  in  (to  the  persons 
deputed  to  receave  them)  one  single  paper  with  the  name  of  him 
written  in  yt  whom  he  desires  to  have  Governour,  and  he  that 


62          FUNDAMENTAL  ORDERS  OF  CONNECTICUT     [Jan.  14/24 

hath  the  greatest  number  of  papers  shall  be  Governor  for  that 
yeare.  And  the  rest  of  the  Magestrats  or  publike  Officers  to  be 
chosen  in  this  manner :  The  Secretary  for  the  tyme  being  shall 
first  read  the  names  of  all  that  are  to  be  put  to  choise  and  then 
shall  severally  nominate  them  distinctly,  and  every  one  that  would 
have  the  person  nominated  to  be  chosen  shall  bring  in  one  single 
paper  written  uppon,  and  he  that  would  not  have  him  chosen 
shall  bring  in  a  blanke :  and  every  one  that  hath  more  written 
papers  then  blanks  shall  be  a  Magistral  for  that  yeare;  which 
papers  shall  be  receaved  and  told  by  one  or  more  that  shall  be 
then  chosen  by  the  court  and  sworne  to  be  faythfull  therein;  but 
in  case  there  should  not  be  sixe  chosen  as  aforesaid,  besids  the 
Governor,  out  of  those  which  are  nominated,  then  he  or  they 
which  have  the  most  written  papers  shall  be  a  Magestrate  or 
Magestrats  for  the  ensueing  yeare,  to  make  up  the  foresaid 
number. 

3.  It  is  Ordered,  sentenced  and  decreed,  that  the  Secretary 
shall  not  nominate  any  person,  nor  shall  any  person  be  chosen 
newly  into  the  Magestracy  which  was  not  propownded  in  some 
Generall  Courte  before,  to  be  nominated  the  next  Election;  and 
to  that  end  yt  shall  be  lawfull  for  ech  of  the  Townes  aforesaid  by 
their  deputyes  to  nominate  any  two  whom  they  conceave  fitte  to 
be  put  to  Election;  and  the  Courte  may  ad  so  many  more  as 
they  judge  requisitt. 

4.  It  is  Ordered,  sentenced  and  decreed  that  noe  person  be 
chosen  Governor  above  once  in  two  yeares,  and  that  the  Governor 
be  alwayes  a  member  of  some  approved  congregation,  and  form 
erly  of   the   Magestracy  within   this  Jurisdiction;   and  all  the 
Magestrats  Freemen  of  this  Commonwelth :  and  that  no  Mages 
trate  or  other  publike  officer  shall  execute  any  parte  of  his  or 
their  Office  before  they  are  severally  sworne,  which  shall  be  done 
in  the  face  of  the  Courte  if  they  be  present,  and  in  case  of  absence 
by  some  deputed  for  that  purpose. 

5.  It  is  Ordered,  sentenced  and  decreed,  that  to  the  aforesaid 
Courte  of  Election  the  severall  Townes  shall  send  their  deputyes, 
and  when  the  Elections  are  ended  they  may  proceed  in  any  pub- 
like  searvice  as  at  other  Courts.     Also  the  other  Generall  Courte 
in  September  shall  be  for  makeing  of  lawes,  and  any  other  publike 
occation,  which  conserns  the  good  of  the  Commonwelth. 

6.  It  is  Ordered,  sentenced  and  decreed,  that  the  Governor 


1638/9]      FUNDAMENTAL  ORDERS  OF  CONNECTICUT  63 

shall,  ether  by  himselfe  or  by  the  secretary,  send  out  summons  to 
the  Constables  of  every  Towne  for  the  cauleing  of  these  two  stand 
ing  Courts,  on  [one]  month  at  lest  before  their  severall  tymes : 
And  also  if  the  Governor  and  the  gretest  parte  of  the  Magestrats 
see  cause  uppon  any  spetiall  occation  to  call  a  generall  Courte, 
they  may  give  order  to  the  secretary  soe  to  doe  within  fowerteene 
dayes  warneing;  and  if  urgent  necessity  so  require,  uppon  a 
shorter  notice,  giveing  sufficient  grownds  for  yt  to  the  deputyes 
when  they  meete,  or  els  be  questioned  for  the  same;  And  if  the 
Governor  and  Mayor  \_Major\  parte  of  Magestrats  shall  ether 
neglect  or  refuse  to  call  the  two  Generall  standing  Courts  or  ether 
of  them,  as  also  at  other  tymes  when  the  occations  of  the  Com- 
monwelth  require,  the  Freemen  thereof,  or  the  Mayor  parte  of 
them,  shall  petition  to  them  soe  to  doe :  if  then  yt  be  ether  de- 
nyed  or  neglected  the  said  Freemen  or  the  Mayor  parte  of  them 
shall  have  power  to  give  order  to  the  Constables  of  the  severall 
Townes  to  doe  the  same,  and  so  may  meete  togather,  and  chuse 
to  themselves  a  Moderator,  and  may  proceed  to  do  any  Acte  of 
power,  which  any  other  Generall  Courte  may. 

7.  It  is  Ordered,  sentenced  and  decreed  that  after  there  are 
warrants  given  out  for  any  of  the  said  Generall  Courts,  the  Con 
stable  or  Constables  of  ech  Towne  shall  forthwith  give  notice 
distinctly  to  the  inhabitants  of  the  same,  in  some  Publike  Assem 
bly  or  by  goeing  or  sending  from  howse  to  howse,  that  at  a  place 
and  tyme  by  him  or  them  lymited  and  sett,  they  meet  and  assemble 
them  selves  togather  to  elect  and  chuse  certen  deputyes  to  be  att 
the  Generall  Courte  then  following  to  agitate  the  afayres  of  the 
commonwelth;  which  said  Deputyes  shall  be  chosen  by  all  that 
are  admitted  Inhabitants  in  the  severall  Townes  and  have  taken 
the  oath  of  fidellity;  provided  that  non  be  chosen  a  Deputy  for 
any  Generall  Courte  which  is  not  a  Freeman  of  this  Commonwelth. 

The  f oresaid  deputyes  shall  be  chosen  in  manner  following : 
every  person  that  is  present  and  quallified  as  before  expressed, 
shall  bring  the  names  of  such,  written  in  severall  papers,  as  they 
desire  to  have  chosen  for  that  Imployment,  and  these  3  or  4, 
more  or  lesse,  being  the  number  agreed  on  to  be  chosen  for  that 
tyme,  that  have  greatest  number  of  papers  written  for  them  shall 
be  deputyes  for  that  Courte;  whose  names  shall  be  endorsed  on 
the  backe  side  of  the  warrant  and  returned  into  the  Courte,  with 
the  Constable  or  Constables  hand  unto  the  same. 


64          FUNDAMENTAL  ORDERS   OF  CONNECTICUT     [Jan.  14/24"* 

8.  It  is  Ordered,  sentenced  and  decreed,  that  Wyndsor,  Hart 
ford  and  Wethersfield  shall  have  power,  ech  Towne,  to  send  fower 
of  their  freemen  as  their  deputyes  to  every  Generall  Courte;  and 
whatsoever  other  Townes  shall  be  hereafter  added  to  this  Juris 
diction,  they  shall  send  so  many  deputyes  as  the  Courte  shall 
judge  meete,  a  resonable  proportion  to  the  number  of  Freemen 
that  are  in  the  said  Townes  being  to  be  attended  therein;  which 
deputyes  shall  have  the  power  of  the  whole  Towne  to  give  their 
voats  and  alowance  to  all  such  lawes  and  orders  as  may  be  for  the 
publike  good,  and  unto  which  the  said  Townes  are  to  be  bownd. 

9.  It  is  ordered  and  decreed,  that  the  deputyes  thus  chosen 
shall  have  power  and  liberty  to  appoynt  a  tyme  and  a  place  of 
meeting  togather  before  any  Generall  Courte  to  advise  and  con 
sult  of  all  such  things  as  may  concerne  the  good  of  the  publike, 
as  also  to  examine  their  owne  Elections,  whether  according  to 
the  order,  and  if  they  or  the  gretest  parte  of  them  find  any  elec 
tion  to  be  illegall  they  may  seclud  such  for  present  from  their 
meeting,  and  returne  the  same  and  their  resons  to  the  Courte; 
and  if  yt  prove  true,  the  Courte  may  fyne  the  party  or  partyes  so 
intruding  and  the  Towne,  if  they  see  cause,  and  give  out  a  war 
rant  to  goe  to  a  newe  election  in  a  legall  way,  either  in  parte  or 
in  whole.     Also  the  said  deputyes  shall  have  power  to  fyne  any 
that  shall  be  disorderly  at  their  meetings,  or  for  not  comming 
in  due  tyme  or  place  according  to  appoyntment;  and  they  may 
returne  the  said  fynes  into  the  Courte  if  yt  be  refused  to  be  paid, 
and  the  Tresurer  to  take  notice  of  yt,  and  to  estreete  or  levy  the 
same  as  he  doth  other  fynes. 

10.  It  is  Ordered,  sentenced  and  decreed,  that  every  Generall 
Courte,  except  such  as  through  neglecte  of  the  Governor  and  the 
greatest  parte  of  Magestrats  the  Freemen  themselves  doe  call,  shall 
consist  of  the  Governor,  or  some  one  chosen  to  moderate  the 
Court,  and  4  other  Magestrats  at  lest,  with  the  mayor  parte  of 
the  deputyes  of  the  severall  Townes  legally  chosen;  and  in  case 
the  Freemen  or  mayor  parte  of  them,  through  neglect  or  refusall 
of  the  Governor  and  mayor  parte  of  the  magestrats,  shall  call  a 
Courte,  it  shall  consist  of  the  mayor  parte  of  Freemen  that  are 
present  or  their  deputyes,  with  a  Moderator  chosen  by  them:  In 
which  said  Generall  Courts  shall  consist  the  supreme  power  of  the 
Commonwelth,  and  they  only  shall  have  power  to  make  lawes  or 
repeale  them,  to  graunt  levyes,  to  admitt  of  Freemen,  dispose  of 


1638/9]  GRANT  OF  THE   PROVINCE  OF   MAINE  65 

lands  undisposed  of,  to  severall  Townes  or  persons,  and  also  shall 
have  power  to  call  ether  Courte  or  Magestrate  or  any  other  person 
whatsoever  into  question  for  any  misdemeanour,  and  may  for  just 
causes  displace  or  deale  otherwise  according  to  the  nature  of  the 
offence ;  and  also  may  deale  in  any  other  matter  that  concerns 
the  good  of  this  commonwelth,  excepte  election  of  Magestrats, 
which  shall  be  done  by  the  whole  boddy  of  Freemen. 

In  which  Courte  the  Governour  or  Moderator  shall  have  power 
to  order  the  Courte  to  give  liberty  of  spech,  and  silence  unceason- 
able  and  disorderly  speakeings,  to  put  all  things  to  voate,  and  in 
case  the  vote  be  equall  to  have  the  casting  voice.  But  non  of 
these  Courts  shall  be  adjorned  or  dissolved  without  the  consent 
of  the  major  parte  of  the  Court. 

ii.  It  is  ordered,  sentenced  and  decreed,  that  when  any 
Generall  Courte  uppon  the  occations  of  the  Commonwelth  have 
agreed  uppon  any  summe  or  sommes  of  mony  to  be  levyed  uppon 
the  severall  Townes  within  this  Jurisdiction,  that  a  Committee 
be  chosen  to  sett  out  and  appoynt  what  shall  be  the  proportion 
of  every  Towne  to  pay  of  the  said  levy,  provided  the  Committees 
be  made  up  of  an  equall  number  out  of  each  Towne. 


No.  15.    Grant  of  the  Province  of  Maine 

April  3/13,  1639 

VARIOUS  grants  by  the  Council  for  New  England,  prior  to  the  general 
division  of  1634/5,  had  included  the  whole  region  from  the  Piscataqua  to  the 
Penobscot,  while  both  sides  of  the  Kennebec  were  also  claimed  by  Plymouth 
under  the  patent  of  1629/30  (No.  n).  The  portion  which  fell  to  Gorges  in 
the  general  division  received  the  name  of  New  Somersetshire;  and  this,  with 
enlarged  boundaries,  was  confirmed  by  the  royal  charter  of  1639.  There  were 
already  a  number  of  settlements  along  the  coast.  Conflicting  claims  under 
other  grants  led  to  frequent  and  vexatious  disputes,  which  Gorges,  as  an  active 
royalist  in  England,  was  in  no  position  to  deal  with  successfully.  In  1649, 
some  two  years  after  the  death  of  Gorges,  the  settlements  between  Cape 
Porpoise  and  the  Piscataqua  established  a  government  of  their  own,  and  so 
continued  until  1652-1653,  when  they  united  with  Massachusetts;  by  1658  the 
remaining  eastern  settlements  were  also  absorbed.  After  the  Restoration,  the 
Gorges  claim  was  revived  by  Ferdinando  Gorges,  grandson  of  the  former 
proprietor;  and  in  1665  the  royal  commissioners  set  up  a  provisional  govern 
ment,  and  forbade  Massachusetts  to  exercise  jurisdiction  over  the  province; 
F 


66  GRANT  OF  THE   PROVINCE   OF   MAINE      [April  3/13 

but  three  years  later,  the  provisional  government  having  ceased  to  be  of 
importance,  the  authority  of  Massachusetts  was  again  quietly  asserted.  In 
1675/6  representatives  of  Massachusetts  were  summoned  to  England  to 
answer  complaints.  The  decision  confirmed  Gorges's  title,  and  excluded 
Maine  from  the  jurisdiction  of  Massachusetts;  but  in  March,  1677/8,  the 
latter  colony  purchased  the  Gorges  title  for  ,£1,250,  and  thenceforward  gov 
erned  Maine  as  lord  proprietor. 

The  charter  of  Maine,  like  that  of  Maryland,  erected  the  colony  into  a 
palatinate,  with  Gorges  as  lord  paramount;  but  the  condition  of  the  province 
prevented  effectual  use  of  the  extensive  powers  granted.  Only  so  much  of  the 
charter  is  here  given  as  defines  the  boundaries  of  the  province. 

REFERENCES. —  Text  in  Poore's  Federal  and  State  Constitutions,  I.,  774- 
783.  For  the  life  and  papers  of  Gorges,  see  Baxter's  Sir  Ferdinando  Gorges 
and  his  Province  of  Maine  (Prince  Soc.  Publ.) ;  the  Brief  Relation  is  in  ib.,  I. 
The  ordinances  of  1639,  for  the  government  of  the  province,  are  also  in 
Sullivan's  History  of  Maine,  413-421. 

Whereas  Sir  Ferdinando  Gorges  Knight  hath  been  an  humble 
suitor  unto  us  to  graunte  and  confirme  unto  him  and  his  heires  a 
parte  and  porcon  of  the  Countrie  of  America  now  commonly 
called  or  knowne  by  the  name  of  New  England  in  America  here 
after  in  theise  Presents  described  by  the  meets  and  boundes 
thereof  .  .  .  which  parte  or  porcon  of  the  said  Countrie  wee  have 
heretofore  .  .  .  taken  into  actuall  and  reall  possession  or  in  de- 
faulte  of  such  actuall  and  reall  possession  formerly  taken  Wee 
Doe  by  theise  Presents  .  .  .  take  the  same  into  our  .  .  .  possession 
Knowe  yee  therefore  that  .  .  .  Wee  ...  by  these  Presents  .  .  . 
Doe  give  graunte  and  confirme  unto  the  said  Sir  Fardinando 
Gorges  his  heires  and  assignes  All  that  Parte  ...  of  the  Mayne 
Lande  of  New  England  aforesaid  beginning  att  the  entrance  of 
Pascataway  Harbor  and  soe  to  passe  upp  the  same  into  the  River 
of  Newichewanocke  and  through  the  same  unto  the  furthest  heade 
thereof  and  from  thence  Northwestwards  till  one  hundred  and 
twenty  miles  bee  finished  and  from  Pascataway  Harbor  mouth 
aforesaid  Northeastwards  along  the  Sea  Coasts  to  Sagadahocke 
and  upp  the  River  thereof  to  Kynybequy  River  and  through  the 
same  unto  the  heade  thereof  and  into  the  Lande  Northwestwards 
untill  one  hundred  and  twenty  myles  bee  ended  being  accompted 
from  the  mouth  of  Sagadahocke  and  from  the  period  of  one  hun 
dred  and  twenty  myles  aforesaid  to  crosse  over  Lande  to  the  one 
hundred  and  twenty  myles  end  formerly  reckoned  upp  into  the 
Lande  from  Pascataway  Harbor  through  Newichewanocke  River 
and  alsoe  the  Northe  halfe  of  the  Isles  of  Shoales  togeather  with 


1639]          FUNDAMENTAL  ARTICLES  OF  NEW  HAVEN  67 

the  Isles  of  Capawock  and  Nawtican  neere  Cape  Cod  as  alsoe  all 
the  Islands  and  Iletts  lyeinge  within  five  leagues  of  the  Mayne 
all  alonge  the  aforesaide  Coasts  betweene  the  aforesaid  River  of 
Pascataway  and  Segadahocke.  ...  All  which  said  Part  ...  of 
the  Mayne  Lande  and  all  and  every  the  Premisses  herein  before 
named  Wee  Doe  .  .  .  create  and  incorporate  into  One  Province 
or  Countie  .  .  .  [to]  ...  be  called  and  named  the  Province  or 
Countie  of  Mayne.  .  .  . 


No.  1 6.  Fundamental  Articles  of  New  Haven 

June  4/14,  1639 

A  SETTLEMENT  at  New  Haven  was  made  in  April,  1638,  by  a  party  of  emi 
grants  under  the  lead  of  John  Davenport,  a  prominent  nonconformist  minister 
of  London,  and  Theophilus  Eaton,  a  wealthy  London  merchant  and  former 
deputy  governor  of  the  East  India  Company.  Most  of  the  party  had  arrived 
at  Boston  in  the  summer  of  1637,  and  were  offered  strong  inducements  to 
remain  in  Massachusetts;  but  the  religious  condition  of  that  colony,  just 
emerging  from  the  Hutchinsonian  controversy,  and  a  desire  to  found  an 
independent  state  on  a  scriptural  model,  determined  them  to  remove  to 
Connecticut.  For  a  year  they  lived  under  a  "  plantation  covenant,"  appar 
ently  an  ecclesiastical  as  well  as  corporate  agreement,  in  the  meantime 
acquiring  title  to  the  land  by  deeds  from  the  Indians.  The  Fundamental 
Articles  were  agreed  upon  June  4/14,  1639;  in  October  the  first  general 
court  was  held,  and  the  government  established,  with  Eaton  as  governor. 

REFERENCES.  —  Text  in  New  Haven  Colonial  Records  (1638-1649),  pp.  1 1- 
17.  On  the  early  history  of  New  Haven,  see  Trumbull's  Connecticut  (ed. 
1797),  chap.  6  ;  Levermore's  Republic  of  New  Haven,  chap.  I  ;  Johnston's 
Connecticut,  chap.  7;  Bacon's  Civil  Government  in  the  New  Haven  Colony, 
in  New  Haven  Hist.  Soc.  Papers,  I.,  11-27;  Dexter's  Life  and  Writings  of 
John  Davenport,  ib.,  II.,  205-238;  Bacon's  Historical  Discourses ;  Doyle's 
Puritan  Colonies,  I.,  254-267. 

The  4th  day  of  the  4th  moneth  called  June  1639,  all  the  free 
planters  assembled  together  in  a  ge[neral*]  meetinge  to  consult 
about  settling  civill  Government  according  to  God,  and  about 
the  nomination  of  persons  thatt  might  be  founde  by  consent  of 
all  fittest  in  all  respects  for  the  foundation  vvorke  of  a  church 
w[hich]  was  intend  to  be  gathered  in  Quinipieck.  After  solemne 
invocation  of  the  name  of  God  in  prayer  [for]  the  presence  and 
help  of  his  speritt,  and  grace  in  those  weighty  businesses,  they 

*  Words  and  letters  in  brackets  are  obliterated  or  illegible  in  the  original. 


68  FUNDAMENTAL  ARTICLES  OF  NEW  HAVEN     [June  4/14 

were  reminded  of  t[he]  busines  whereabout  they  mett  [viz]  for 
the  establishment  of  such  civill  order  as  might  be  most  p[leas]ing 
unto  God,  and  for  the  chuseing  the  fittest  men  for  the  foundation 
worke  of  a  church  to  be  gather[ed.J  For  the  better  inableing 
them  to  discerne  the  minde  of  God  and  to  agree  accordingly  con 
cerning  the  establishment  of  civill  order,  Mr.  John  Davenport 
propounded  divers  quaeres  to  them  publiquely  praying  them  to 
consider  seriously  in  the  presence  and  feare  of  God  the  weight 
of  the  busines  they  met  about,  and  nott  to  be  rash  or  sleight,  in 
giveing  their  votes  to  things  they  understoode  nott,  butt  to  digest 
fully  and  throughly  whatt  should  be  propounded  to  them,  and 
without  respect  to  men  as  they  should  be  satisfied  and  perswaded 
in  their  owne  mindes  to  give  their  answers  in  such  sort  as  they 
would  be  willing  they  should  stand  upon  recorde  for  posterity. 

This  being  earnestly  pressed  by  Mr.  Davenport,  Mr.  Robt. 
Newman  was  intreated  to  write  in  carracters  and  to  read  dis 
tinctly  and  audibly  in  the  hearing  of  all  the  people  whatt  was 
propounded  and  accorded  on  that  itt  might  appeare  thatt  all  con 
sented  to  matters  propounded  according  to  words  written  by  him. 

QU/ER.  i.  Whether  the  Scripturs  doe  holde  forth  a  perfect  rule 
for  the  direction  and  government  of  all  men  in  all  duet[ies]  which 
they  are  to  performe  to  God  and  men  as  well  in  the  government 
of  famylyes  and  commonwealths  as  in  matters  of  the  chur. 

This  was  assented  unto  by  all,  no  man  dissenting  as  was  ex 
pressed  by  holding  up  of  hands.  Afterward  itt  was  read  over  to 
them  thatt  they  might  see  in  whatt  words  their  vote  was  expressed : 
They  againe  expressed  their  consent  thereto  by  holdeing  up  their 
hands,  no  man  dissenting. 

QILER.  2.  Whereas  there  was  a  covenant  solemnly  made  by  the 
whole  assembly  of  free-planters  of  this  plantation  the  first  day  of 
extraordenary  humiliation  which  wee  had  after  wee  came  together, 
thatt  as  in  matters  thatt  concerne  the  gathering  and  ordering  of 
a  chur.  so  likewise  in  all  publique  offices  which  concerne  civill 
order,  as  choyce  of  magistrates  and  officers,  makeing  and  repeal 
ing  of  lawes,  devideing  allottments  of  inheritance  and  all  things 
of  like  nature  we  would  all  of  us  be  ordered  by  those  rules  which 
the  scripture  holds  forth  to  us.  This  covenant  was  called  a  plan 
tation  covenant  to  distinguish  itt  from  [a]  chur.  covenant  which 
could  nott  att  thatt  time  be  made,  a  chur.  nott  being  then  gath 
ered,  butt  was  deferred  till  a  chur.  might  be  gathered  according 


1639]          FUNDAMENTAL  ARTICLES  OF  NEW  HAVEN  69 

to  God :  Itt  was  demaunded  whether  all  the  free  planters  doe 
holde  themselves  bound  by  thatt  covenant  in  all  businesses  of 
thatt  nature  which  are  expressed  in  the  covenant  to  submitt  them 
selves  to  be  ordered  by  the  rules  held  forth  in  the  scripture. 

This  also  was  assented  unto  by  all,  and  no  man  gainesaid  itt, 
and  they  did  testefie  the  same  by  holde[ing]  up  their  hands  both 
when  itt  was  first  propounded,  and  confirmed  the  same  by  holde- 
ing  up  their  hands  when  itt  was  read  unto  them  in  publique.  .  .  . 

QILER.  3.  Those  who  have  desired  to  be  received  as  free 
planters,  and  are  settled  in  the  plantation  with  a  purp[ose,J  reso 
lution  and  desire  thatt  they  may  be  admitted  into  chur.  fellowship 
according  to  Christ  as  soone  [as]  God  shall  fitt  them  thereunto : 
were  desired  to  express  itt  by  holdeing  up  of  hands :  Accordingly 
a[ll]  did  expresse  this  to  be  their  desire  and  purpose  by  holdeing 
up  their  hands  twice,  [viz]  both  att  the  [projposall  of  itt,  and 
after  when  these  written  words  were  read  unto  them. 

QILER.  4.  All  the  free  planters  were  called  upon  to  expresse 
whether  they  held  themselves  bound  to  esta[blish]  such  civill 
order  as  might  best  conduce  to  the  secureing  of  the  purity  and 
peace  of  the  ordinances]  to  themselves  and  their  posterity 
according  to  God.  In  answer  hereunto  they  expressed  by  hold- 
[ing]  up  their  hands  twice  as  before,  thatt  they  held  them  selves 
bound  to  establish  such  [civil  order]  as  might  best  conduce  to 
the  ends  aforesaid. 

Then  Mr.  Davenport  declared  unto  them  by  the  scripture  whatt 
kinde  of  persons  might  best  be  trusted  with  matters  of  govern 
ment,  and  by  sundry  arguments  from  scripture  proved  that  such 
men  as  were  discrib[ed]  in  E^od.  18.  2.  Deut.  i.  13,  with 
Deut.  17.  15,  and  i.  Cor.  6:  i  to  7,  ought  to  be  intrusted  by 
them,  seeing  [they]  were  free  to  cast  themselves  into  thatt  mould 
and  forme  of  common  wealth  which  appeareth  best  for  them  in 
referrence  to  the  secureing  of  the  pure  and  peaceable  injoyment 
of  all  Christ  his  ordinances  [in]  the  church  according  to  God, 
whereunto  they  have  bound  themselves  as  hath  beene  acknowl 
edged.  Having  thus  said  he  satt  downe,  praying  the  company 
freely  to  consider  whether  they  would  have  [it]  voted  att  this 
time  or  nott :  After  some  space  of  silence  Mr.  Theophilus  Eaton 
answered  itt  mi[ght]  be  voted,  and  some  others  allso  spake  to 
the  same  purpose,  none  att  all  opposeing  itt.  Then  itt  was  pro 
pounded  to  vote. 


70  FUNDAMENTAL  ARTICLES  OF  NEW  HAVEN     [June  4/14 

QU/ER.  5.  Whether  Free  Burgesses  shalbe  chosen  out  of  chur. 
members  they  thatt  are  in  the  foundation]  worke  of  the  church 
being  actually  free  burgesses,  and  to  chuse  to  themselves  out  of 
the  li[ke]  estate  of  church  fellowship  and  the  power  of  chuseing 
magistrates  and  officers  from  among  themselves  and  the  power 
off  makeing  and  repealing  lawes  according  to  the  worde,  and  the 
devideing  of  inheritances  and  decideing  of  differences  thatt  may 
arise,  and  all  the  buisnesses  of  like  nature  are  to  be  transacted 
by  those  free  burgesses. 

This  was  putt  to  vote  and  agreed  unto  by  the  lifting  up  of 
hands  twice  as  in  the  former  itt  was  done.  Then  one  man  stood 
up  after  the  vote  was  past,  and  expressing  his  dissenting  from  the 
rest  in  part  yett  grantinge  i.  That  magistrates  should  be  men 
fearing  God.  2.  Thatt  the  church  is  the  company  whence 
ordenaryly  such  men  may  be  expected.  3.  Thatt  they  that  chuse 
them  ought  to  be  men  fearing  God :  onely  att  this  he  stuck,  That 
free  planters  ought  nott  to  give  this  power  out  of  their  hands : 
Another  stood  up  and  answered  that  in  this  case  nothing  was  done 
but  with  their  consent.  The  former  answered  thatt  all  the  free 
planters  ought  to  resume  this  power  into  their  owne  hands  againe 
if  things  were  not  orderly  carryed.  Mr.  Theophilus  Eaton  an 
swered  thatt  in  all  places  they  chuse  committyes,  in  like  manner 
the  companyes  of  London  chuse  the  liveryes  by  whom  the  pub- 
lique  magistrates  are  chosen.  In  this  the  rest  are  not  wronged 
because  they  expect  in  time  to  be  of  the  livery  themselves,  and 
to  have  the  same  power.  Some  others  intreated  the  former  to 
give  his  arguments  and  reasons  whereupon  he  dissented.  He 
refused  to  doe  itt  and  said  they  might  nott  rationally  demaund 
itt,  seeing  he  lett  the  vote  passe  on  freely  and  did  nott  speake 
till  after  itt  was  past,  because  he  would  nott  hinder  whatt  they 
agreed  upon.  Then  Mr.  Davenport,  after  a  short  relation  of 
some  former  passages  betweene  them  two  about  this  quest,  prayed 
the  company  thatt  nothing  might  be  concluded  by  them  in  this 
weighty  quest,  butt  whatt  themselves  were  perswaded  to  be  agree 
ing  with  the  minde  of  God  and  they  had  heard  whatt  had  beene 
said  since  the  voteing,  intreated  them  againe  to  consider  of  itt, 
and  put  itt  againe  to  vote  as  before.  —  Againe  all  of  them  by 
holding  up  their  hands  did  shew  their  consent  as  before,  And 
some  of  them  professed  thatt  whereas  they  did  waver  before  they 
came  to  the  assembly  they  were  now  fully  convinced  thatt  itt  is 


1639]          FUNDAMENTAL  ARTICLES  OF  NEW   HAVEN  71 

the  minde  of  God.  One  of  them  said  that  in  the  morning,  before 
he  came,  reading  Deut.  17.  15.  he  was  convinced  att  home, 
another  said  thatt  he  came  doubting  to  the  assembly  butt  he 
blessed  God  by  whatt  had  beene  saide  he  was  now  fully  satisfied 
thatt  the  choyce  of  burgesses  out  of  chur.  members,  and  to  intrust 
those  with  the  power  before  spoken  off  is  according  to  the  minde 
of  God  revealed  in  the  scriptures.  All  haveing  spoken  their 
apprehensions,  itt  was  agreed  upon,  and  Mr.  Robert  Newman  was 
desired  to  write  itt  as  an  order  whereunto  every  one  thatt  here 
after  should  be  admitted  here  as  planters  should  submitt  and 
testefie  the  same  by  subscribeing  their  names  to  the  order,  namely, 
that  church  members  onely  shall  be  free  burgesses,  and  thatt  they 
onely  shall  chuse  magistrates  &  officers  among  themselves  to  have 
the  power  of  transacting  all  the  publique  civill  affayres  of  this 
Plantation,  of  makeing  and  repealing  lawes,  devideing  of  inheri 
tances,  decideing  of  differences  thatt  may  arise  and  doeing  all 
things  or  businesses  of  like  nature. 

This  being  thus  settled  as  a  foundamentall  agreement  concern 
ing  civill  government.  Mr.  Davenport  proceeded  to  propound 
some  things  to  consideration  aboute  the  gathering  of  a  chur. 
And  to  prevent  the  blemishing  of  the  first  beginnings  of  the  chur. 
worke,  Mr.  Davenport  advised  thatt  the  names  of  such  as  were  to 
be  admitted  might  be  publiquely  propounded,  to  the  end  thatt 
they  who  were  most  approved  might  be  chosen,  for  the  towne 
being  cast  into  severall  private  meetings  wherein  they  thatt  dwelt 
nearest  together  gave  their  accounts  one  to  another  of  Gods  gra 
cious  worke  upon  them,  and  prayed  together  and  conferred  to 
their  mutuall  edification,  sundry  of  them  had  knowledg  one  of 
another,  and  in  every  meeting  some  one  was  more  approved  of 
all  then  any  other,  For  this  reason,  and  to  prevent  scandalls,  the 
whole  company  was  intreated  to  consider  whom  they  found  fittest 
to  nominate  for  this  worke. 

QILER.  6.  Whether  are  you  all  willing  and  doe  agree  in  this 
thatt  twelve  men  be  chosen  thatt  their  fitnesse  for  the  foundation 
worke  may  be  tried,  however  there  may  be  more  named  yett  itt 
may  be  in  their  power  who  are  chosen  to  reduce  them  to  twelve, 
and  itt  be  in  the  power  of  those  twelve  to  chuse  out  of  themselves 
seaven  that  shall  be  most  approved  of  the  major  part  to  begin  the 
church. 

This  was  agreed  upon  by  consent  of  all  as  was  expressed  by 


72  MASSACHUSETTS   BODY   OF   LIBERTIES       [December 

holdeing  up  of  hands,  and  thatt  so  many  as  should  be  thought 
fitt  for  the  foundation  worke  of  the  church  shall  be  propounded 
by  the  plantation,  and  written  downe  and  passe  without  exception 
unlesse  they  had  given  publique  scandall  or  offence,  yett  so  as  in 
case  of  publique  scandall  or  offence,  every  one  should  have  lib 
erty  to  propound  their  exception  att  thatt  time  publiquely  against 
any  man  that  should  be  nominated  when  all  their  names  should 
be  writt  downe,  butt  if  the  offence  were  private,  thatt  mens  names 
might  be  tendered,  so  many  as  were  offended  were  intreated  to 
deale  with  the  offender  privately,  and  if  he  gave  nott  satisfaction, 
to  bring  the  matter  to  the  twelve  thatt  they  might  consider  of  itt 
impartially  and  in  the  feare  of  God.  The  names  of  the  persons 
nominated  and  agreed  upon  were  Mr.  Theoph.  Eaton,  Mr.  John 
Davenport,  Mr.  Robert  Newman,  Mr.  Math.  Gilbert,  Mr.  Richard 
Malbon,  Mr.  Nath :  Turner,  Eze :  Chevers,  Thomas  Fugill,  John 
Ponderson,  William  Andrewes,  and  Jer.  Dixon.  Noe  exception 
was  brought  against  any  of  those  in  publique,  except  one  about 
takeing  an  excessive  rate  for  meale  which  he  sould  to  one  of 
Pequanack  in  his  need,  which  he  confessed  with  griefe  and  de 
clared  thatt  haveing  beene  smitten  in  heart  and  troubled  in  his 
conscience,  he  restored  such  a  part  of  the  price  back  againe  with 
confession  of  his  sin  to  the  party  as  he  thought  himselfe  bound 
to  doe.  And  itt  being  feared  thatt  the  report  of  the  sin  was  heard 
farther  th[an]  the  report  of  his  satisfaction,  a  course  was  con 
cluded  on  to  make  the  satisfaction  known  to  as  many  as  heard 
of  the  sinn.  Itt  was  also  agreed  upon  att  the  said  meeting  thatt 
if  the  persons  above  named  did  finde  themselves  straitened  in 
the  number  of  fitt  men  for  the  seaven,  thatt  itt  should  be  free  for 
them  to  take  into  tryal  of  fitnes  such  other  as  they  should  thinke 
meete,  provided  thatt  itt  should  be  signified  to  the  towne  upon 
the  Lords  day  who  they  so  take  in,  thatt  every  man  may  be  satis 
fied  of  them  according  to  the  course  formerly  taken. 


No.  17.    Massachusetts  Body  of  Liberties 

December,  1641 

IN  May,  1635,  the  General  Court  of  Massachusetts  appointed  a  committee 
to  prepare  a  draft  of  laws  for  the  colony.  The  committee  was  enlarged  in 
May,  1636,  but  no  action  appears  to  have  been  taken.  A  draft  presented  in 


1641]  MASSACHUSETTS   BODY   OF  LIBERTIES  73 

the  latter  year  by  John  Cotton  was  passed  over  without  action.  In  March, 
1637/8,  the  freemen  of  the  towns  were  directed  to  suggest"  necessary  laws, 
and  transmit  the  same  to  the  governor,  for  consideration  by  the  council 
and  others.  In  November,  1639,  a  committee  was  appointed  to  digest  the 
laws  submitted,  and  lay  the  draft  before  the  towns  for  consideration.  Finally, 
in  December,  1641,  the  code  submitted  by  Nathaniel  Ward  was  adopted,  with 
some  amendments,  by  the  General  Court.  According  to  Winthrop,  the  long 
delay  was  due  to  a  reluctance,  on  the  part  of  the  General  Court,  to  frame  laws 
in  advance  of  actual  conditions,  and  an  indisposition  to  limit  the  laws  of  the 
colony  to  such  as  were,  in  accordance  with  the  requirement  of  the  charter, 
in  harmony  with  the  laws  of  England. 

REFERENCES.  —  Facsimile  text  in  Whitmore's  Bibliographical  Sketch  of  the 
Laws  of  the  Massachusetts  Colony,  32-60.  The  detailed  history  of  the  code 
is  given  by  Whitmore;  see  also  Winthrop's  History  of  New  England,  I., 
passim  ;  and  Gray's  "  Remarks  on  the  Early  Laws  of  Massachusetts  Bay,"  in 
Mass.  Hist.  Coll.,  Third  Series,  VIII.  Cotton's  code,  under  the  title  of  "Ab 
stract  of  the  Laws  of  New  England,"  is  in  Mass.  Hist.  Coll.,  First  Series,  V., 
and  Force's  Tracts,  III. 

A   Coppie  of  the  Liberties  of  the  Massachusets  Collonie  in 
New  England 

The  free  fruition  of  such  liberties  Immunities  and  priveledges 
as  humanitie,  Civilitie,  and  Christianitie  call  for  as  due  to  every 
man  in  his  place  and  proportion;  without  impeachment  and 
Infringement  hath  ever  bene  and  ever  will  be  the  tranquillitie 
and  Stabilitie  of  Churches  and  Commonwealths.  And  the  deniall 
or  deprivall  thereof,  the  disturbance  if  not  the  ruine  of  both. 

We  hould  it  therefore  our  dutie  and  safetie  whilst  we  are  about 
the  further  establishing  of  this  Government  to  collect  and  expresse 
all  such  freedomes  as  for  present  we  foresee  may  concerne  us,  and 
our  posteritie  after  us,  And  to  ratify  them  with  our  sollemne 
consent. 

Wee  doe  therefore  this  day  religiously  and  unanimously  decree 
and  confirme  these  following  Rites,  liberties,  and  priveledges 
concerneing  our  Churches,  and  Civill  State  to  be  respectively 
impartiallie  and  inviolably  enjoyed  and  observed  throughout  our 
Jurisdiction  for  ever. 

I.  No  mans  life  shall  be  taken  away,  no  mans  honour  or  good 
name  shall  be  stayned,  no  mans  person  shall  be  arested,  re- 
strayned,  banished,  dismembred,  nor  any  wayes  punished,  no 
man  shall  be  deprived  of  his  wife  or  children,  no  mans  goods  or 
estaite  shall  be  taken  away  from  him,  nor  any  way  indammaged 


74  MASSACHUSETTS   BODY   OF   LIBERTIES       [December 

under  Coulor  of  law,  or  Countenance  of  Authoritie,  unlesse  it  be 
by  vertue  or  equitie  o'  some  expresse  law  of  the  Country  war 
ranting  the  same,  established  by  a  generall  Court  and  sufficiently 
published,  or  in  case  of  the  defect  of  a  law  in  any^partecular  case 
by  the  word  of  god.  And  in  Capitall  cases,  or  in  cases  concern 
ing  dismembring  or  banishment,  according  to  that  word  to  be 
judged  by  the  Generall  Court. 

2.  Every  person  within  this  Jurisdiction,  whether  Inhabitant 
or  forreiner  shall  enjoy  the  same  justice  and  law,  that  is  generall 
for  the  plantation,  which  we  constitute  and  execute  one  towards 
another,  without  partialitie  or  delay. 

3.  No  man  shall  be  urged  to  take  any  oath  or  subscribe  any 
articles,  covenants  or  remonstrance,  of   a  publique  and  Civill 
nature,  but  such  as  the  Generall  Court  hath  considered,  allowed, 
and  required. 

4.  No  man  shall  be  punished  for  not  appearing  at  or  before 
any  Civill  Assembly,  Court,  Councell,  Magistrate,  or  officer,  nor 
for  the  omission  of  any  office  or  service,  if  he  shall  be  necessarily 
hindred,  by  any  apparent  Act  or  providence  of  god,  which  he 
could  neither  foresee  nor  avoid.     Provided  that  this  law  shall 
not  prejudice  any  person  of  his  just  cost  or  damage  in  any  civill 
action. 

5.  No  man  shall  be  compelled  to  any  publique  worke  or  service 
unlesse  the  presse  be  grounded  upon  some  act  of  the  generall 
Court,  and  have  reasonable  allowance  therefore. 

6.  No  man  shall  be  pressed  in  person  to  any  office,  worke, 
warres,  or  other  publique  service,  that  is  necessarily  and  suffi- 
tiently  exempted  by  any  naturall  or  personall  impediment,  as  by 
want  of  yeares,  greatnes  of  age,  defect  of  minde,  fayling  of  sences, 
or  impotencie  of  Lymbes. 

7.  No  man  shall  be  compelled  to  goe  out  of  the  limits  of  this 
plantation  upon  any  offensive  warres  which  this  Commonwealth 
or  any  of  our  freinds  or  confederats  shall  volentarily  undertake. 
But  onely  upon  such  vindictive  and  defensive  warres  in  our  owne 
behalfe,  or  the  behalfe  of  our  freinds,  and  confederats  as  shall  be 
enterprized  by  the  Counsell  and  consent  of  a  Court  generall,  or 
by  Authority  derived  from  the  same. 


1641]  MASSACHUSETTS   BODY  OF  LIBERTIES  75 

8.  No  mans  Cattell  or  goods  of  what  kinde  soever  shall  be 
pressed  or  taken  for  any  publique  use  or  service,  unlesse  it  be  by 
warrant  grounded  upon  some  act  of  the  generall  Court,  nor  with 
out  such  reasonable  prices  and  hire  as  the  ordinarie  rates  of  the 
Countrie  do  afford.     And  if  his  Cattle  or  goods  shall  perish  or 
suffer  damage  in  such  service,  the  owner  shall  be  suffitiently 
recompenced 

9.  No  monopolies  shall  be  granted  or  allowed  amongst  us,  but 
of  such  new  Inventions  that  are  profitable  to  the  Countrie,  and 
that  for  a  short  time. 

10.  All  our  lands  and  heritages  shall  be  free  from  all  fines 
and  licences  upon  Alienations,  and  from  all  hariotts,  wardships, 
Liveries,  Primerseisens,  yeare  day  and  wast,  Escheates,  and  for 
feitures,  upon  the  deaths  of  parents,  or  Ancestors,  be  they  natural!, 
casuall,  or  Juditiall. 

11.  All  persons  which  are  of  the  age  of  21  yeares,  and  of  right 
understanding  and  meamories,  whether  excommunicate  or  con 
demned  shall  have  full  power  and  libertie  to  make  there  wills  and 
testaments,  and   other  lawfull  alienations  of   theire  lands  and 
estates. 

12.  Every  man  whether  Inhabitant  or  fforreiner,  free  or  not 
free  shall  have  libertie  to  come  to  any  publique  Court,  Councell, 
or  Towne  meeting,  and  either  by  speech  or  writeing  to  move  any 
lawfull,  seasonable,  and  materiall  question,  or  to  present  any 
necessary   motion,    complaint,    petition,    Bill    or    information, 
whereof  that  meeting  hath  proper  cognizance,  so  it  be  done  in 
convenient  time,  due  order,  and  respective  manner. 

[13.]  No  man  shall  be  rated  here  for  any  estaite  or  revenue 
he  hath  in  England,  or  in  any  forreine  partes  till  it  be  transported 
hither. 

[14.]  Any  Conveyance  or  Alienation  of  land  or  other  estaite 
what  so  ever,  made  by  any  woman  that  is  married,  any  childe 
under  age,  Ideott,  or  distracted  person,  shall  be  good,  if  it  be 
passed  and  ratified  by  the  consent  of  a  generall  Court. 

15.  All  Covenous  or  fraudulent  Alienations  or  Conveyances  of 
lands,  tenements,  or  any  hereditaments,  shall  be  of  no  validitie 


76  MASSACHUSETTS  BODY  OF  LIBERTIES       [December 

to  defeate  any  man  from  due  debts  or  legacies,  or  from  any  just 
title,  clame  or  possession,  of  that  which  is  so  fraudulently  con 
veyed. 

1 6.  Every  Inhabitant  that  is  an  howse  holder  shall  have  free 
fishing  and  fowling  in  any  great  ponds  and  Bayes,  Coves  and 
Rivers,  so  farre  as  the  sea  ebbes  and  flowes  within  the  presincts 
of  the  towne  where  they  dwell,  unlesse  the  free  men  of  the  same 
Towne  or  the  Generall  Court  have  otherwise  appropriated  them, 
provided  that  this  shall  not  be  extended  to  give  leave  to  any  man 
to  come  upon  others  proprietie  without  there  leave. 

17.  Every  man  of  or  within  this  Jurisdiction  shall  have  free 
libertie,  not  with  standing  any  Civill  power  to  remove  both  him- 
selfe,  and  his  familie  at  their  pleasure  out  of  the  same,  provided 
there  be  no  legall  impediment  to  the  contrarie. 

Rites  Rules  and  Liberties  concerning  Juditiall  proceedings. 

18.  No  mans  person  shall  be  restrained  or  imprisoned  by  any 
Authority  what  so  ever,  before  the  law  hath  sentenced  him  thereto, 
If  he  can  put  in  sufficient  securitie,  bayle,  or  mainprise,  for  his 
appearance,  and  good  behaviour  in  the  meane  time,  unlesse  it  be 
in  Crimes  Capitall,  and  Contempts  in  open  Court,  and  in  such 
cases  where  some  expresse  act  of  Court  doth  allow  it. 

19.  If  in  a  generall  Court  any  miscariage  shall  be  amongst  the 
Assistants  when  they  are  by  themselves  that   may  deserve   an 
Admonition  or  fine  under  20  sh,  it  shall  be  examined  and  sen 
tenced  amongst  themselves,  If  amongst  the  Deputies  when  they 
are  by  themselves,  It  shall  be  examined  and  sentenced  amongst 
themselves,  If  it  be  when  the  whole  Court  is  togeather,  it  shall 
be  judged  by  the  whole  Court,  and  not  severallie  as  before. 

20.  If  any  which  are  to  sit  as  Judges  in  any  other  Court  shall 
demeane  themselves  offensively  in  the  Court,  the  rest  of  the 
Judges  present  shall  have  power  to  censure  him  for  it,  if  the 
cause  be  of  a  high  nature  it  shall  be  presented  to  and  censured 
at  the  next  superior  Court 

21.  In  all  cases  where  the  first  summons  are  not  served  six 
dayes  before  the  Court,  and  the  cause  breifly  specified  in  the 
warrant,  where  appearance  is  to  be  made  by  the  partie  summoned, 


1641]  MASSACHUSETTS  BODY  OF  LIBERTIES  77 

it  shall  be  at  his  libertie  whether  he  will  appeare  or  no,  except 
all  cases  that  are  to  be  handled  in  Courts  suddainly  called,  upon 
extraordinary  occasions,  In  all  cases  where  there  appeares  present 
and  urgent  cause  Any  Assistant  or  officer  apointed  shal  have 
power  to  make  out  Attaichments  for  the  first  summons. 

22.  No  man  in  any  suit  or  action  against  an  other  shall  falsely 
pretend  great  debts  or  damages  to  vex  his  Adversary,  if  it  shall 
appeare  any  doth  so,  The  Court  shall  have  power  to  set  a  reason 
able  fine  on  his  head 

23.  No  man  shall  be  adjudged  to  pay  for  detaining  any  Debt 
from  any  Crediter  above  eight  pounds  in  the  hundred  for  one 
yeare,  And  not  above  that  rate  proportionable  for  all  somes  what 
so  ever,  neither  shall  this  be  a  coulour  or  countenance  to  allow 
any  usurie  amongst  us  contrarie  to  the  law  of  god. 

24.  In  all  Trespasses  or  damages  done  to  any  man  or  men,  If 
it  can  be  proved  to  be  done  by  the  meere  default  of  him  or  them 
to  whome  the  trespasse  is  done,  It  shall  be  judged  no  trespasse, 
nor  any  damage  given  for  it. 

25.  No  Summons  pleading  Judgement,  or  any  kinde  of  pro 
ceeding  in  Court  or  course  of  Justice  shall  be  abated,  arested,  or 
reversed,  upon  any  kinde  of  cercumstantiall  errors  or  mistakes, 
If  the  person  and  cause  be  rightly  understood  and  intended  by 
the  Court. 

26.  Every  man  that  findeth  himselfe  unfit  to  plead  his  owne 
cause  in  any  Court,  shall  have  Libertie  to  imploy  any  man  against 
whom  the  Court  doth  not  except,  to  helpe  him,  Provided  he  give 
him  noe  fee,  or  reward  for  his  paines.     This  shall  not  exempt 
the  partie  him  selfe  from  Answering  such  Questions  in  person  as 
the  Court  shall  thinke  meete  to  demand  of  him. 

27.  If  any  plantife  shall  give  into  any  Court  a  declaration  of 
his  cause  in  writeing,  The  defendant  shall  also  have  libertie  and 
time  to  give  in  his  answer  in  writeing,  And  so  in  all  further 
proceedings  betwene  partie  and  partie,  So  it  doth  not  further 
hinder  the  dispach  of  Justice  then  the  Court  shall  be  willing 
unto. 

28.  The  plantife  in  all  Actions  brought  in  any  Court  shall  have 
libertie  to  withdraw  his  Action,  or  to  be  nonsuited  before  the 


78  MASSACHUSETTS   BODY   OF  LIBERTIES       [December 

Jurie  hath  given  in  their  verdict,  in  which  case  he  shall  alwaies 
pay  full  cost  and  chardges  to  the  defendant,  and  may  afterwards 
renew  his  suite  at  an  other  Court  if  he  please. 

29.  In  all  Actions  at  law  it  shall  be  the  libertie  of  the  plantife 
and  defendant  by  mutual  consent  to  choose  whether  they  will  be 
tryed  by  the  Bench  or  by  a  Jurie,  unlesse  it  be  where  the  law 
upon  just  reason  hath  otherwise  determined.     The  like  libertie 
shall  be  granted  to  all  persons  in  Criminall  cases. 

30.  It  shall  be  in  the  libertie  both  of  plantife  and  defendant, 
and  likewise  every  delinquent  (to  be  judged  by  a  Jurie)  to  chal 
lenge  any  of  the  Jurors.     And  if  his  challenge  be  found  just  and 
reasonable  by  the  Bench,  or  the  rest  of  the  Jurie,  as  the  challenger 
shall  choose  it  shall  be  allowed  him,  and  tales  de  cercumstantibus 
impaneled  in  their  room. 

31.  In  all  cases  where  evidence  is  so  obscure  or  defective  that 
the  Jurie  cannot  clearely  and  safely  give  a  positive  verdict,  whether 
it  be  a  grand  or  petit  Jurie,  It  shall  have  libertie  to  give  a  non 
Liquit,  or  a  spetiall  verdict,  in  which  last,  that  is  in  a  spetiall 
verdict,  the  Judgement  of  the  cause  shall  be  left  to  the  Court, 
And  all  Jurors  shall  have  libertie  in  matters  of  fact  if  they  cannot 
finde  the  maine  issue,  yet  to  finde  and  present  in  their  verdict 
so  much  as  they  can,  If  the  Bench  and  Jurors  shall  so  differ  at 
any  time  about  their  verdict  that  either  of  them  can  not  proceed 
with  peace  of  conscience  the  case  shall  be  referred  to  the  Generall 
Court,  who  shall  take  the  question  from  both  and  determine  it. 

32.  Every  man  shall  have  libertie  to  replevy  his  Cattell  or 
goods  impounded,  distreined,  seised,  or  extended,  unlesse  it  be 
upon  execution  after  Judgement,  and  in  paiment  of  fines.     Pro 
vided  he  puts  in  good  securitie  to  prosecute  his  replevin,  And  to 
satisfie  such  demands  as  his  Adversary  shall  recover  against  him 
in  Law. 

33-  No  mans  person  shall  be  Arrested,  or  imprisoned  upon 
execution  or  judgment  for  any  debt  or  fine,  If  the  law  can  finde 
competent  meanes  of  satisfaction  otherwise  from  his  estaite,  And 
if  not  his  person  may  be  arrested  and  imprisoned  where  he  shall 
be  kept  at  his  owne  charge,  not  the  plantife's  till  satisfaction  be 
made:  unlesse  the  Court  that  had  cognizance  of  the  cause  or 
some  superior  Court  shall  otherwise  provide. 


1641]  MASSACHUSETTS  BODY  OF  LIBERTIES  79 

34.  If  any  man  shall  be  proved  and  Judged  a  commen  Barrator 
vexing  others  with  unjust  frequent  and  endlesse  suites,  It  shall 
be  in  the  power  of  Courts  both  to  denie  him  the  benefit  of  the 
law,  and  to  punish  him  for  his  Barratry. 

35.  No  mans  Corne  nor  hay  that  is  in  the  feild  or  upon  the 
Cart,  nor  his  garden  stuff e,  nor  any  thing  subject  to  present  decay, 
shall  be  taken  in  any  distresse,  unles  he  that  takes  it  doth  pres 
ently  bestow  it  where  it  may  not  be  imbesled  nor  suffer  spoile  or 
decay,  or  give  securitie  to  satisfie  the  worth  thereof  if  it  comes 
to  any  harme. 

36.  It  shall  be  in  the  libertie  of  every  man  cast  condemned 
or  sentenced  in  any  cause  in  any  Inferior  Court,  to  make  their 
Appeale  to  the  Court  of  Assistants,  provided  they  tender  their 
appeale  and  put  in  securitie  to  prosecute  it  before  the  Court  be 
ended  wherein  they  were  condemned,  And  within  six  dayes  next 
ensuing  put  in  good  securitie  before  some  Assistant  to  satisfie 
what  his  Adversarie  shall  recover  against  him;  And  if  the  cause 
be  of  a  Criminall  nature,  for  his  good  behaviour,  and  appearance, 
And  everie  man  shall  have  libertie  to  complaine  to  the  Generall 
Court  of  any  Injustice  done  him  in  any  Court  of  Assistants  or 
other 

37.  In  all  cases  where  it  appeares  to  the  Court  that  the  plantife 
hath  wilingly  and  witingly  done  wronge  to  the  defendant  in  com- 
menceing  and  prosecuting  any  action  or  complaint  against  him, 
They  shall  have  power  to  impose  upon  him  a  proportionable  fine 
to  the  use  of  the  defendant,  or  accused  person,  for  his  false  com 
plaint  or  clamor. 

38.  Everie  man  shall  have  libertie  to  Record  in  the  publique 
Rolles  of  any  Court  any  Testimony  given  upon  oath  in  the  same 
Court,  or  before  two  Assistants,  or  any  Deede  or  evidence  legally 
confirmed  there  to  remaine  in  perpetuam  rei  memoriam,  that  is 
for  perpetuall  memoriall  or  evidence  upon  occasion. 

39.  In  all  Actions  both  reall  and  personall  betweene  partie  and 
partie,  the  Court  shall  have  power  to  respite  execution  for  a  con 
venient  time,  when  in  their  prudence  they  see  just  cause  so  to  doe. 

40.  No  Conveyance,  Deede,  or  promise  what  so  ever  shall  be 
of  validitie,  If  it  be  gotten  by  Illegal  violence,  imprisonment, 
threatenings,  or  any  kinde  of  forcible  compulsion  called  Dures. 


80  MASSACHUSETTS   BODY  OF  LIBERTIES       [December 

41.  Everie  man  that  is  to  Answere  for  any  Criminall  cause, 
whether  he  be  in  prison  or  under  bayle,  his  cause  shall  be  heard 
and  determined  at  the  next  Court  that  hath  proper  Cognizance 
thereof,  And  may  be  done  without  prejudice  of  Justice. 

42.  No  man  shall  be  twise  sentenced  by  Civill  Justice  for  one 
and  the  same  Crime,  offence,  or  Trespasse. 

43.  No  man  shall  be  beaten  with  above  40  stripes,  nor  shall 
any  true  gentleman,  nor  any  man  equall  to  a  gentleman  be  pun 
ished  with  whipping,  unles  his  crime  be  very  shamefull,  and  his 
course  of  life  vitious  and  profligate. 

44.  No  man  condemned  to  dye  shall  be  put  to  death  within 
fower  dayes  next  after  his  condemnation,  unles  the  Court  see 
spetiall  cause  to  the  contrary,  or  in  case  of  martiall  law,  nor  shall 
the  body  of  any  man  so  put  to  death  be  unburied  12  howers, 
unlesse  it  be  in  case  of  Anatomic. 

45.  No  man  shall  be  forced  by  Torture  to  confesse  any  Crime 
against  himselfe  nor  any  other  unlesse  it  be  in  some  Capitall  case 
where  he  is  first  fullie  convicted  by  cleare  and  sufficient  evidence 
to  be  guilty,  After  which  if  the  cause  be  of  that  nature,  That  it  is 
very  apparent  there  be  other  conspiratours,  or  confederates  with 
him,  Then  he  may  be  tortured,  yet  not  with  such  Tortures  as  be 
Barbarous  and  inhumane. 

46.  For  bodilie  punishments  we  allow  amongst  us  none  that 
are  inhumane  Barbarous  or  cruell 

47.  No  man  shall  be  put  to  death  without  the  testimony  of 
two  or  three  witnesses,  or  that  which  is  equivalent  there  unto. 

48.  Every  Inhabitant  of  the  Countrie  shall  have  free  libertie 
to  search  and  veewe  any  Rooles,  Records,  or  Regesters  of  any 
Court  or  office  except  the  Councell,  And  to  have  a  transcript  or 
exemplification  thereof  written  examined,  and  signed  by  the  hand 
of  the  officer  of  the  office  paying  the  appointed  fees  therefore. 

49.  No  free  man  shall  be  compelled  to   serve  upon  Juries 
above  two  Courts  in  a  yeare,  except  grand  Jurie  men,  who  shall 
hould  two  Courts  together  at  the  least. 

50.  All  Jurors  shall  be  chosen  continuallie  by  the  freemen  of 
the  Towne  where  they  dwell. 


1641]  MASSACHUSETTS   BODY  OF  LIBERTIES  8 1 

51.  All  Associates  selected  at  any  time  to  Assist  the  Assistants 
in  Inferior  Courts,  shall  be  nominated  by  the  Townes  belonging 
to  that  Court,  by  orderly  agreement  amonge  themselves. 

52.  Children,  Idiots,    Distracted   persons,  and   all   that   are 
strangers,  or  new  commers  to  our  plantation,  shall  have  such 
allowances  and  dispensations  in  any  cause  whether  Criminall  or 
other  as  religion  and  reason  require. 

53.  The  age  of  discretion  for  passing  away  of  lands  or  such 
kinde  of  herediments,  or  for  giveing  of  votes,  verdicts  or  Sen 
tence  in  any  Civill  Courts  or  causes,  shall  be  one  and  twentie 
yeares. 

54.  When  so  ever  anything  is  to  be  put  to  vote,  any  sentence 
to  be  pronounced,  or  any  other  matter  to  be  proposed,  or  read 
in  any  Court  or  Assembly,  If  the  president  or  moderator  thereof 
shall  refuse  to  performe  it,  the  Major  parte  of  the  members  of 
that  Court  or  Assembly  shall  have  power  to  appoint  any  other 
meete  man  of  them  to  do  it,  And  if  there  be  just  cause  to  punish 
him  that  should  and  would  not. 

55.  In  all  suites  or  Actions  in  any  Court,  The  plantife  shall 
have  libertie  to  make  all  the  titles  and  claims  to  that  he  sues  for 
he  can.     And  the  Defendant  shall  have  libertie  to  plead  all  the 
pleas  he  can  in  answere  to  them,  and  the  Court  shall  judge 
according  to  the  intire  evidence  of  all. 

56.  If  any  man  shall  behave  himselfe  offensively  at  any  Towne 
meeting,  the  rest  of  the  freemen  then  present,  shall  have  power 
to  sentence  him  for  his  offence,  So  be  it  the  mulct  or  penaltie 
exceede  not  twentie  shilings. 

57.  When  so  ever  any  person  shall  come  to  any  very  suddaine 
untimely  and  unnaturall  death,  Some  Assistant,  or  the  Constables 
of  that  Towne  shall  forthwith  sumon  a  Jury  of  twelve  free  men  to 
inquire  of  the  cause  and  manner  of  their  death,  and  shall  present 
a  true  verdict  thereof  to  some  neere  Assistant,  or  the  next  Court 
to  be  helde  for  that  Towne  upon  their  oath. 

Liberties  more  peculiarlie  concerning  the  free  men. 

58.  Civill  Authorie  hath  power  and  libertie  to  see  the  peace, 
ordinances  and  Rules  of  Christ  observed  in  every  church  according 


82  MASSACHUSETTS  BODY  OF  LIBERTIES       [December 

to  his  word,  so  it  be  done  in  a  Civill  and  not  in  an  Ecclesiastical 
way. 

59.  Civill  Authoritie  hath  power  and  libertie  to  deale  with 
any  Church  member  in  a  way  of  Civill  Justice,  notwithstanding 
any  Church  relation,  office,  or  interest. 

60.  No  church  censure  shall  degrade  or  depose  any  man  from 
any  Civill  dignitie,  office,  or  Authoritie  he  shall  have   in  the 
Commonwealth. 

61.  No  Magestrate,  Juror,  Officer,  or  other  man  shall  be  bound 
to  informe  present  or  reveale  any  private  crim  or  offence,  wherein 
there  is  no  perill  or  danger  to  this  plantation  or  any  member 
thereof,   when   any  necessarietye   of   conscience  binds  him  to 
secresie  grounded  upon  the  word  of  god,  unlesse  it  be  in  case  of 
testimony  lawfully  required. 

62.  Any  Shire  or  Towne  shall  have  libertie  to  choose  their 
Deputies  whom  and  where  they  please  for  the  General  Court,  So 
be  it  they  be  free  men,  and  have  taken  there  oath  of  fealtie,  and 
Inhabiting  in  this  Jurisdiction. 

63.  No  Governor,  Deputie  Governor,  Assistant,  Associate,  or 
grand  Jury  man  at  any  Court,  nor  any  Deputie  for  the  Generall 
Court,  shall  at  any  time  beare  his  owne  chardges  at  any  Court, 
but  their  necessary  expences  shall  be  defrayed  either  by  the  Towne, 
or  Shire  on  whose  service  they  are,  or  by  the  Country  in  generall. 

64.  Everie  Action  betweene  partie  and  partie,  and  proceedings 
against  delinquents   in   Criminall  causes  shall   be   briefly  and 
destinctly  entered  in  the  Rolles  of  every  Court  by  the  Recorder 
thereof.     That  such  actions  be  not  afterwards  brought  againe  to 
the  vexation  of  any  man. 

65.  No  custome  or  prescription  shall  ever  prevaile  amongst  us 
in  any  morall  cause,  our  meaneing  is  maintaine  anythinge  that 
can  be  proved  to  bee  morrallie  sinfull  by  the  word  of  god. 

66.  The  Freemen  of  everie  Towneship  shall  have  power  to, 
make  such  by  laws  and  constitutions  as  may  concerne  the  wellfare 
of  their  Towne,  provided  they  be  not  of  a  Criminall,  but  onely 
of  a  prudentiall  nature,  And  that  their  penalties  exceede  not  20  sh. 
for  one  offence.     And  that  they  be  not  repugnant  to  the  publique 


1641]  MASSACHUSETTS   BODY  OF  LIBERTIES  83 

laws  and  orders  of  the  Countrie.  And  if  any  Inhabitant  shall 
neglect  or  refuse  to  observe  them,  they  shall  have  power  to  levy 
the  appointed  penalties  by  distresse. 

67.  It  is  the  constant  libertie  of  the  freemen  of  this  plantation 
to  choose  yearly  at  the  Court  of  Election  out  of  the  freemen  all 
the  Generall  officers  of  this  Jurisdiction.     If  they  please  to  dis- 
chardge  them  at  the  day  of  Election  by  way  of  vote.     They  may 
do  it  without  shewing  cause.     But  if  at  any  other  generall  Court, 
we  hould  it  due  justice,  that  the  reasons  thereof  be  alleadged  and 
proved.     By  Generall  officers  we  meane,  our  Governor,  Deputie 
Governor,  Assistants,  Treasurer,  Generall  of  our  warres.     And 
our  Admirall  at  Sea,  and  such  as  are  or  hereafter  may  be  of  the 
like  generall  nature. 

68.  It  is  the  libertie  of  the  freemen  to  choose  such  deputies 
for  the  Generall  Court  out  of  themselves,  either  in  their  owne 
Townes  or  elsewhere  as  they  judge  fitest,  And  because  we  cannot 
foresee  what  varietie  and  weight  of  occasions  may  fall  into  future 
consideration,  And  what  counsells  we  may  stand  in  neede  of,  we 
decree.     That  the  Deputies  (to  attend  the  Generall  Court  in  the 
behalf e  of  the  Countrie)  shall  not  any  time  be  stated  or  inacted, 
but  from  Court  to  Court,  or  at  the  most  but  for  one  yeare.     that 
the  Countrie  may  have  an  Annuall  libertie  to  do  in  that  case  what 
is  most  behoofefull  for  the  best  welfaire  thereof. 

69.  No  Generall  Court  shall  be  desolved  or  adjourned  without 
the  consent  of  the  Major  parte  thereof. 

70.  All  Freemen  called  to  give  any  advise,  vote,  verdict,  or 
sentence  in  any  Court,  Counsell,  or  Civill  Assembly,  shall  have 
full  freedome  to  doe  it  according  to  their  true  Judgements  and 
Consciences,  So  it   be  done  orderly  and  inofensively  for  the 
manner. 

71.  The  Governor  shall  have  a  casting  voice  whensoever  an 
Equi  vote  shall  fall  out  in  the  Court  of  Assistants,  or  generall 
assembly,  So  shall  the  presedent  or  moderator  have  in  all  Civill 
Courts  or  Assemblies. 

72.  The  Governor  and  Deputie  Governor  Joyntly  consenting 
or  any  three  Assistants  concurring  in  consent  shall  have  power 
out  of  Court  to  reprive  a  condemned  malefactour,  till  the  next 


84  MASSACHUSETTS   BODY   OF  LIBERTIES       [December 

quarter  or  generall  Court.     The  generall  Court  onely  shall  have 
power  to  pardon  a  condemned  malefactor, 

73.  The  Generall  Court  hath  libertie  and  Authoritie  to  send 
out  any  member  of  this  Comanwealth  of  what  qualitie,  condition 
or  office  whatsoever  into  forreine  parts  about  any  publique  message 
or  Negotiation.     Provided  the  partie  sent  be  acquainted  with  the 
affaire  he  goeth  about,  and  be  willing  to  undertake  the  service. 

74.  The  freemen  of  every  Towne  or  Towneship,  shall  have  full 
power  to  choose  yearly  or  for  lesse  time  out  of  themselves  a  con 
venient  number  of  fitt  men  to  order  the  planting  or  prudentiall 
occasions  of  that  Towne,  according  to  Instructions  given  them 
in  writeing,  Provided  nothing  be  done  by  them  contrary  to  the 
publique  laws  and  orders  of  the  Countrie,  provided  also  the 
number  of  such  select  persons  be  not  above  nine. 

75.  It  is  and  shall  be  the  libertie  of  any  member  or  members 
of  any  Court,  Councell  or  Civill  Assembly  in  cases  of  makeing  or 
executing  any  order  or  law,  that  properlie  concerne  religion,  or 
any  cause  capitall,  or  warres,  or  Subscription  to  any  publique 
Articles  or  Remonstrance,  in  case  they  cannot  in  Judgement  and 
conscience  consent  to  that  way  the  Major  vote  or  suffrage  goes, 
to  make  their  contra  Remonstrance  or  protestation  in  speech  or 
writeing,  and  upon  request  to  have  their  dissent  recorded  in  the 
Rolles  of  that  Court.     So  it  be  done  Christianlie  and  respectively 
for  the  manner.     And  their  dissent  onely  be  entered  without  the 
reasons  thereof,  for  the  avoiding  of  tediousness. 

76.  When  so  ever  any  Jurie  of  trialls  or  Jurours  are  not  cleare 
in  their  Judgements  or  consciences  conserneing  any  cause  wherein 
they  are  to  give  their  verdict,  They  shall  have  libertie  in  open 
Court  to  advise  with  any  man  they  thinke  fitt  to  resolve  or  direct 
them,  before  they  give  in  their  verdict. 

77.  In  all  cases  wherein  any  freeman  is  to  give  his  vote,  be  it 
in  point  of  Election,  makeing  constitutions  and  orders,  or  pass 
ing  sentence  in  any  case  of  Judicature  or  the  like,  if  he  cannot 
see  reason  to  give  it  positively  one  way  or  an  other,  he  shall  have 
libertie  to  be  silent,  and  not  pressed  to  a  determined  vote. 

78.  The  Generall  or  publique  Treasure  or  any  parte  thereof 
shall  never  be  exspended  but  by  the  appointment  of  a  Generall 


1641]  MASSACHUSETTS   BODY   OF  LIBERTIES  85 

Court,  nor  any  Shire  Treasure,  but  by  the  appointment  of  the 
freemen  thereof,  nor  any  Towne  Treasurie  but  by  the  freemen  of 
that  Towneship. 

Liberties  of  Woemen 

79.  If  any  man  at  his  death  shall  not  leave  his  wife  a  com 
petent  portion  of  his  estaite,  upon  just  complaint  made  to  the 
Generall  Court  she  shall  be  relieved. 

80.  Everie  marryed  woeman  shall  be  free  from  bodilie  correc 
tion  or  stripes  by  her  husband,  unlesse  it  be  in  his  owne  defence 
upon  her  assalt.     If  there  be  any  just  cause  of  correction  com 
plaint  shall  be  made  to  Authoritie  assembled  in  some  Court,  from 
which  onely  she  shall  receive  it. 

Liberties  of  Children 

81.  When  parents  dye  intestate,  the  Elder  sonne  shall  have 
a  doble  portion  of  his  whole  estate  reall  and  personall,  unlesse 
the  Generall  Court  upon  just  cause  alleadged  shall  Judge  otherwise. 

82.  When  parents  dye  intestate,  haveing  noe  heires  males  of 
their  bodies  their  Daughters  shall  inherit  as  Copartners,  unles  the 
Generall  Court  upon  just  reason  shall  judge  otherwise. 

83.  If  any  parents  shall  wilfullie  and  unreasonably  deny  any 
childe  timely  or  convenient  manage,  or  shall  exercise  any  un- 
naturall  severitie  towards  them,  Such  children  shall  have  free 
libertie  to  complain  to  Authoritie  for  redresse. 

84.  No  Orphan  dureing  their  minoritie  which  was  not  com 
mitted  to  tuition  or  service  by  the  parents  in  their  life  time,  shall 
afterwards  be  absolutely  disposed  of  by  any  kindred,  freind, 
Executor,  Towneship,  or  Church,  nor  by  themselves  without  the 
consent  of  some  Court,  wherein  two  Assistants  at  least  shall  be 
present. 

Liberties  of  Servants 

85.  If  any  servants  shall  flee  from  the  Tiranny  and  crueltie  of 
their  masters  to  the  howse  of  any  freeman  of  the  same  Towne, 
they  shall  be  there  protected  and  susteyned  till  due  order  be 
taken  for  their  relife.     Provided  due  notice  thereof  be  speedily 


86  MASSACHUSETTS   BODY   OF   LIBERTIES       [December 

given  to  their  maisters  from  whom  they  fled.     And  the  next 
Assistant  or  Constable  where  the  partie  flying  is  harboured. 

86.  No  servant  shall  be  put  of  for  above  a  yeare  to  any  other 
neither  in  the  life  time  of  their  maister  nor  after  their  death  by 
their  Executors  or  Administrators  unlesse  it  be  by  consent  of 
Authoritie  assembled  in  some  Court,  or  two  Assistants. 

87.  If  any  man  smite  out  the  eye  or  tooth  of  his  man  servant, 
or  maid  servant,  or  otherwise  mayme  or  much  disfigure  him, 
unlesse  it  be  by  meere  casualtie,  he  shall  let  them  goe  free  from 
his  service.     And  shall  have  such  further  recompense  as  the  Court 
shall  allow  him. 

88.  Servants  that  have  served  deligentlie  and  faithfully  to  the 
benefitt  of  their  maisters  seaven  yeares,  shall  not  be  sent  away 
emptie.     And  if  any  have  bene  unfaithfull,  negligent  or  unprofit 
able  in  their  service,  notwithstanding  the  good  usage  of  their 
maisters,  they  shall  not  be  dismissed  till  they  have  made  satis 
faction  according  to  the  Judgement  of  Authoritie. 

Liberties  of  Forreiners  and  Strangers 

89.  If  any  people  of  other  Nations  professing  the  true  Christian 
Religion  shall  flee  to  us  from  the  Tiranny  or  oppression  of  their 
persecutors,  or  from  famyne,  warres,  or  the  like  necessary  and 
compulsarie  cause,   They  shall  be  entertayned  and   succoured 
amongst  us,  according  to  that  power  and  prudence  god  shall 
give  us. 

90.  If  any  ships  or  other  vessels,  be  it  freind  or  enemy,  shall 
surfer  shipwrack  upon  our  Coast,  there  shall  be  no  violence  or 
wrong  offered  to  their  persons  or  goods.     But  their  persons  shall 
be  harboured,  and  relieved,  and  their  goods  preserved  in  safety 
till  Authoritie  may  be  certified  thereof,  and  shall  take  further 
order  therein. 

91.  There  shall  never  be  any  bond  slaverie  villinage  or  Cap- 
tivitie  amongst  us,  unles  it  be  lawfull  Captives  taken  in  just 
warres,  and  such  strangers  as  willingly  selle  themselves  or  are 
sold  to  us.     And  these  shall  have  all  the  liberties  and  Christian 
usages  which  the  law  of  god  established  in  Israeli  concerning 
such  persons  doeth  morally  require.     This  exempts  none  from 
servitude  who  shall  be  Judged  thereto  by  Authoritie. 


I64i] 


MASSACHUSETTS   BODY  OF  LIBERTIES 


Off  the  Bruite  Creature 

92.  No  man  shall  exercise  any  Tirranny  or  Crueltie  towards 
any  bruite  Creature  which  are  usuallie  kept  for  mans  use. 

93.  If  any  man  shall  have  occasion  to  leade  or  drive  Cattel 
from  place  to  place  that  is  far  of,  So  that  they  be  weary,  or 
hungry,  or  fall  sick,  or  lambe,  It  shall  be  lawful  to  rest  or  refresh 
them,  for  a  competent  time,  in  any  open  place  that  is  not  Corne, 
meadow,  or  inclosed  for  some  peculiar  use. 

94.    Capitall  Laws 


Dut.  13.  6.  10 
Dut.  17.  2.  6 
Ex.  22.  20 


Ex.  22.  1 8. 

Lev.  20.  27. 
Dut.  1 8.  10. 


If  any  man  after  legall  conviction  shall  have  or 
worship  any  other  god,  but  the  lord  god,  he  shall 
be  put  to  death. 


2. 


If  any  man  or  woeman  be  a  witch,  (that  is  hath 
or  consulteth  with  a  familiar  spirit,)  They  shall 
be  put  to  death. 


If  any  person  shall  Blaspheme  the  name  of  god, 

the  father,  Sonne  or  Holie  ghost,  with  direct, 

Lev.  24.  15.  16     expresse,   presumptuous    or    high    handed    blas- 

phemie,  or  shall  curse  god  in  the  like  manner, 

he  shall  be  put  to  death. 


Ex.  21.  12. 

Numb.  35.  13. 
14.  30.  31. 


If  any  person  committ  any  wilfull  murther, 
which  is  manslaughter,  committed  upon  premedi 
tated  mallice,  hatred,  or  Crueltie,  not  in  a  mans 
necessarie  and  just  defence,  nor  by  meere  casualtie 
against  his  will,  he  shall  be  put  to  death. 


Numb.  25.20.  21. 
Lev.  24.  17. 


If  any  person  slayeth  an  other  suddainely  in  his 
anger  or  Crueltie  of  passion,  he  shall  be  put  to 
death. 


88  MASSACHUSETTS   BODY  OF  LIBERTIES       [December 


If  any  person  shall  slay  an  other  through  guile, 
Ex.  21. 14.  either  by  poysoning  or  other  such  divelish  prac 

tice,  he  shall  be  put  to  death. 


10. 

If  any  man  stealeth  a  man  or  mankinde,  he 


shall  surely  be  put  to  death. 


ii. 

If  any  man  rise  up  by  false  witnes,  wittingly 

Ts  l\    l  '         anc*  °*  PurPose  to  ta^e  away  any  man>s  life*  ne 
shall  be  put  to  death. 

12. 

If  any  man  shall  conspire  and  attempt  any  invasion,  insurrec 
tion,  or  publique  rebellion  against  our  commonwealth,  or  shall 
ihdeavour  to  surprize  any  Towne  or  Townes,  fort  or  forts  therein, 
or  shall  treacherously  and  perfediouslie  attempt  the  alteration  and 
subversion  of  our  frame  of  politic  or  Government  fundamentallie, 
he  shall  be  put  to  death. 

95.    A  declaration  of  the  Liberties  the  Lord  Jesus  hath  given 
to  the  Churches. 

1.  All  the  people  of  god  within  this  Jurisdiction  who  are  not 
in  a  church  way,  and  be  orthodox  in  Judgement,  and  not  scan 
dalous  in  life,  shall  have  full  libertie  to  gather  themselves  into  a 
Church  Estaite.     Provided  they  doe  it  in  a  Christian  way,  with 
due  observation  of  the  rules  of  Christ  revealed  in  his  word. 

2.  Every  Church  hath  full  libertie  to  exercise  all  the  ordinances 
of  god,  according  to  the  rules  of  Scripture. 

3-  Every  Church  hath  free  libertie  of  Election  and  ordination 
of  all  their  officers  from  time  to  time,  provided  they  be  able, 
pious  and  orthodox. 

4-  Every  Church  hath   free  libertie  of   Admission,  Recom 
mendation,    Dismission,    and    Expulsion,   or   deposall   of    their 
officers,  and  members,  upon  due  cause,  with  free  exercise  of  the 


i64ij  MASSACHUSETTS  BODY   OF  LIBERTIES  89 

Discipline  and  Censures  of  Christ  according  to  the  rules  of  his 
word. 

5.  No  Injunctions  are  to  be  put  upon  any  Church,  Church 
Officers  or  member  in  point  of  Doctrine,  worship  or  Discipline, 
whether  for  substance  or  cercumstance  besides  the  Institutions  of 
the  lord. 

6.  Every  Church  of  Christ  hath  freedome  to  celebrate  dayes 
of  fasting  and  prayer,  and  of  thanksgiveing  according  to  the  word 
of  god 

7.  The  Elders  of  Churches  have  free  libertie  to  meete  monthly, 
Quarterly,  or  otherwise,  in  convenient  mumbers  and  places,  for 
conferences,  and  consultations  about  Christian  and  Church  ques 
tions  and  occasions. 

8.  All  Churches  have  libertie  to  deale  with  any  of  their  mem 
bers  in  a  church  way  that  are  in  the  hand  of  Justice.     So  it  be 
not  to  retard  or  hinder  the  course  thereof. 

g.  Every  Church  hath  libertie  to  deale  with  any  magestrate, 
Deputie  of  Court  or  other  officer  what  soe  ever  that  is  a  member 
in  a  church  way  in  case  of  apparent  and  just  offence  given  in 
their  places,  so  it  be  done  with  due  observance  and  respect. 

10.  Wee  allowe  private  meetings  for  edification  in  religion 
amongst  Christians  of  all  sortes  of  people.     So  it  be  without 
just  offence  both  for  number,  time,  place,  and  other  cercum- 
stances. 

11.  For  the  preventing  and  removeing  of  errour  and  offence 
that  may  grow  and  spread  in  any  of  the  Churches  in  this  Juris 
diction.     And  for  the  preserveing  of  trueith  and  peace  in  the 
several  churches  within  them  selves,  and  for  the  maintenance  and 
exercise  of  brotherly  communion,  amongst  all  the  churches  in  the 
Countrie,  It  is  allowed  and  ratified,  by  the  Authoritie  of  this 
Generall  Court  as  a  lawfull  libertie  of  the  Churches  of  Christ. 
That  once  in  every  month  of  the  yeare  (when  the  season  will 
beare  it)  It  shall  be  lawfull  for  the  minesters  and  Elders,  of  the 
Churches   neere   adjoyneing   together,   with   any  other   of    the 
breetheren  with  the  consent  of  the  churches  to  assemble  by  course 
in  each  severall  Church  one  after  an  other.     To  the  intent  after 
the  preaching  of  the  word  by  such  a  minister  as  shall  be  requested 


90  MASSACHUSETTS   BODY   OF   LIBERTIES    •  [December 

thereto  by  the  Elders  of  the  church  where  the  Assembly  is  held, 
The  rest  of  the  day  may  be  spent  in  publique  Christian  Con 
ference  about  $he  discussing  and  resolveing  of  any  such  doubts 
and  cases  of  conscience  concerning  matter  of  doctrine  or  worship 
or  government  of  the  church  as  shall  be  propounded  by  any  of 
the  Breetheren  of  that  church,  with  leave  also  to  any  other  Brother 
to  propound  his  objections  or  answeres  for  further  satisfaction 
according  to  the  word  of  god.  Provided  that  the  whole  action 
be  guided  and  moderated  by  the  Elders  of  the  Church  where  the 
Assemblie  is  helde,  or  by  such  others  as  they  shall  appoint.  And 
that  no  thing  be  concluded  and  imposed  by  way  of  Authoritie 
from  one  or  more  Churches  upon  an  other,  but  onely  by  way  of 
Brotherly  conference  and  consultations.  That  the  trueth  may  be 
searched  out  to  the  satisfying  of  every  man's  conscience  in  the 
sight  of  god  according  to  his  worde.  And  because  such  an 
Assembly  and  the  worke  their  of  can  not  be  duely  attended  to  if 
other  lectures  be  held  in  the  same  weeke.  It  is  therefore  agreed 
with  the  consent  of  the  Churches.  That  in  that  weeke  when  such 
an  Assembly  is  held.  All  the  lectures  in  all  the  neighbouring 
Churches  for  that  weeke  shall  be  forborne.  That  so  the  publique 
service  of  Christ  in  this  more  solemne  Assembly  may  be  transacted 
with  greater  deligence  and  attention. 

96.  How  so  ever  these  above  specified  rites,  freedbmes,  Immu 
nities,  Authorities  and  priveledges,  both  Civill  and  Ecclesiasticall 
are  expressed  onely  under  the  name  and  title  of  Liberties,  and 
not  in  the  exact  forme  of  Laws,  or  Statutes,  yet  we  do  with  one 
consent  fullie  Authorise,  and  earnestly  intreate  all  that  are  and 
shall  be  in  Authoritie  to  consider  them  as  laws,  and  not  to  faile 
to  inflict  condigne  and  proportionable  punishments  upon  every 
man  impartiallie,  that  shall  infringe  or  violate  any  of  them. 

97.  Wee  likewise  give  full  power  and  libertie  to  any  person 
that  shall  at  any  time  be  denyed  or  deprived  of  any  of  them,  to 
commenc^and  prosecute  their  suite,  Complaint,  or  action  against 
any  man  that  shall  so  doe,  in  any  Court  that  hath  proper  Cog 
nizance  or  judicature  thereof. 

98.  Lastly  because  our  dutie  and  desire  is  to  do  nothing  sud- 
dainlie  which  fundamentally  concerne  us,  we  decree  that  these 
rites  and  liberties,  shall  be  Audably  read  and  deliberately  weighed 


1641]  PATENT  OF  PROVIDENCE   PLANTATIONS  91 

at  every  Generall  Court  that  shall  be  held,  within  three  yeares 
next  insueing,  And  such  of  them  as  shall  not  be  altered  or  re 
pealed  they  shall  stand  so  ratified,  That  no  maft  shall  infringe 
them  without  due  punishment. 

And  if  any  Generall  Court  within  these  next  thre  yeares  shall 
faile  or  forget  to  reade  and  consider  them  as  abovesaid.  The 
Governor  and  Deputie  Governor  for  the  time  being,  and  every 
Assistant  present  at  such  Courts  shall  forfeite  20  sh.  a  man,  and 
everie  Deputie  10  sh.  a  man  for  each  neglect,  which  shall  be  paid 
out  of  their  proper  estate,  and  not  by  the  Country  or  the  Townes 
which  choose  them.  And  when  so  ever  there  shall  arise  any 
question  in  any  Court  amonge  the  Assistants  and  Associates 
thereof  about  the  explanation  of  these  Rites  and  liberties,  The 
Generall  Court  onely  shall  have  power  to  interprett  them. 


No.   1 8.    Patent  of  Providence  Plantations 

March  14/24,  1643 

IN  1636  Roger  Williams,  lately  banished  from  Massachusetts,  established 
himself  at  Providence.  A  settlement  was  made  at  Portsmouth,  under  William 
Coddington,  in  March,  1637/8,  and  another  at  Newport  in  1639.  Warwick 
was  planted  in  1642/3,  by  Samuel  Gorton  and  others.  In  1643  Williams, 
through  the  influence  of  the  Earl  of  Warwick,  obtained  a  patent  uniting  the 
settlements  at  Providence,  Portsmouth,  and  Newport,  under  the  name  of 
Providence  Plantations.  A  government  under  the  patent  was  not  organized 
until  May,  1647,  at  which  time  Warwick  was  admitted.  The  patent  conferred 
liberal  rights  of  self-government,  but  made  no  grant  of  land. 

REFERENCES.  —  Text  in  Rhode  Island  Colonial  Records,  I.,  143-146.  The 
laws  passed  in  1647  are  in  ib.,  I.,  147-208.  See  also  Arnold's  History  of 
Rhode  Island  (ed.  1878),  I.;  Staples's  Annals  of  the  Town  of  Providence  ; 
Doyle's  Puritan  Colonies,  I.,  239-254;  and  bibliographical  notes  in  Winsor's 
Narr.  and  Crit.  Hist.,  III.,  376-380. 

Whereas  by  an  Ordinance  of  the  Lords  and  Condons,  now 
assembled  in  Parliament,  bearing  Date  the  Second  Day  of  Novem 
ber,  Anno  Domino  1643,  Robert  Earl  of  Warwick,  is  constituted, 
and  ordained  Governor  in  Chief,  and  Lord  High  Admiral  of  all 
those  Islands  and  other  Plantations  inhabited  or  planted  by,  or 
belonging  to  any  His  Majesty  the  King  of  England's  Subjects, 
(or  which  hereafter  may  be  inhabited  and  planted  by,  or  belong- 


92  PATENT  OF  PROVIDENCE  PLANTATIONS       [March  14/24 

ing  to  them)  within  the  Bounds,  and  upon  the  Coasts  of  America. 
And  whereas  the  said  Lords  have  thought  fit,  and  thereby  ordained, 
that  Philip  Earl  of  Pembroke,  Edward  Earl  of  Manchester,  Will 
iam  Viscount  Say  and  Seal,  Philip  Lord  Wharton,  John  Lord 
Rolle,  Members  of  the  House  of  Peers.  Sir  Gilbert  Gerrard, 
Baronet,  Sir  Arthur  Haslerig,  Baronet,  Sir  Henry  Vane,  jun., 
Knight,  Sir  Benjamin  Rudyard,  Knight,  John  Pirn,  Oliver  Crom 
well,  Dennis  Bond,  Miles  Corbet,  Cornelius  Holland,  Samuel 
Vassal,  John  Rolle,  and  Wm.  Spurtow,  Esqrs.,  Members  of  the 
House  of  Commons,  should  be  Commissioners,  to  join  in  Aid 
and  Assistance  with  the  said  Earl.  And  whereas  for  the  better 
Government  and  Defence,  it  is  thereby  ordained,  that  the  afore 
said  Governor  and  Commissioners,  or  the  greater  Number  of 
them,  shall  have  Power,  and  Authority  from  Time  to  Time  to 
nominate,  appoint,  and  constitute  all  such  subordinate  Gov 
ernors,  Counsellors,  Commanders,  Officers,  and  Agents,  as  they 
shall  judge  to  be  best  affected,  and  most  fit  and  serviceable  for 
the  said  Islands  and  Plantations;  and  to  provide  for,  order  and 
dispose  all  Things,  which  they  shall,  from  Time  to  Time,  find 
most  advantageous  for  the  said  Plantations;  and  for  the  better 
Security  of  the  Owners  and  Inhabitants  thereof,  to  assign,  ratify, 
and  confirm,  so  much  of  their  aforementioned  Authority  and 
Power,  and  in  such  Manner,  and  to  such  Persons  as  they  shall 
judge  to  be  fit  for  the  better  governing  and  preserving  of  the  said 
Plantations  and  Islands,  from  open  Violences  and  private  Dis 
turbances  and  Distractions.  And  whereas  there  is  a  Tract  of 
Land  in  the  Continent  of  America  aforesaid,  called  by  the  Name 
of  the  Narraganset-Bay;  bordering  Northward  and  Northeast  on 
the  Patent  of  the  Massachusetts,  East  and  Southeast  on  Plymouth 
Patent,  South  on  the  Ocean,  and  on  the  West  and  Northwest  by 
the  Indians  called  Nahigganneucks,  alias  Narragansets;  the  whole 
Tract  extending  about  Twenty-five  English  Miles  unto  the  Pequot 
River  and  Country. 

And  whereas  divers  well  affected  and  industrious  English 
Inhabitants,  of  the  Towns  of  Providence,  Portsmouth,  and  New 
port  in  the  tract  aforesaid,  have  adventured  to  make  a  nearer 
neighborhood  and  Society  with  the  great  Body  of  the  Narragan 
sets,  which  may  in  Time  by  the  blessing  of  God  upon  their 
Endeavours,  lay  a  sure  Foundation  of  Happiness  to  all  America. 
And  have  also  purchased,  and  are  purchasing  of  and  amongst  the 


1643]  PATENT   OF  PROVIDENCE   PLANTATIONS  93 

said  Natives,  some  other  Places,  which  may  be  convenient  both 
for  Plantations,  and  also  for  building  of  Ships,  Supply  of  Pipe 
Staves  and  other  Merchandize.  And  whereas  the  said  English, 
have  represented  their  Desire  to  the  said  Earl,  and  Commis 
sioners,  to  have  their  hopeful  Beginnings  approved  and  confirmed, 
by  granting  unto  them  a  Free  Charter  of  Civil  Incorporation  and 
Government;  that  they  may  order  and  govern  their  Plantation  in 
such  a  Manner  as  to  maintain  Justice  and  peace,  both  among 
themselves,  and  towards  all  Men  with  whom  they  shall  have  to  do. 
In  due  Consideration  of  the  said  Premises,  the  said  Robert  Earl 
of  Warwick,  Governor  in  Chief,  and  Lord  High  Admiral  of  the 
said  Plantations,  and  the  greater  Number  of  the  said  Commis 
sioners,  whose  Names  and  Seals  are  here  underwritten  and  sub 
joined,  out  of  a  Desire  to  encourage  the  good  Beginnings  of  the 
said  Planters,  Do,  by  the  Authority  of  the  aforesaid  Ordinance 
of  the  Lords  and  Commons,  give,  grant,  and  confirm,  to  the 
aforesaid  Inhabitants  of  the  Towns  of  Providence,  Portsmouth, 
and  Newport,  a  free  and  absolute  Charter  of  Incorporation,  to 
be  known  by  the  Name  of  the  Incorporation  of  Providence  Plan 
tations,  in  the  Narraganset-Bay,  in  New  England.  —  Together 
with  full  Power  and  Authority  to  rule  themselves,  and  such  others 
as  shall  hereafter  inhabit  within  any  Part  of  the  said  Tract  of 
land,  by  such  a  Form  of  Civil  Government,  as  by  voluntary  con 
sent  of  all,  or  the  greater  Part  of  them,  they  shall  find  most  suit 
able  to  their  Estate  and  Condition;  and,  for  that  End,  to  make 
and  ordain  such  Civil  Laws  and  Constitutions,  and  to  inflict  such 
punishments  upon  Transgressors,  and  for  Execution  thereof,  so 
to  place,  and  displace  Officers  of  Justice,  as  they,  or  the  greatest 
Part  of  them,  shall  by  free  Consent  agree  unto.  Provided  never 
theless,  that  the  said  Laws,  Constitutions,  and  Punishments,  for 
the  Civil  Government  of  the  said  Plantations,  be  conformable  to 
the  Laws  of  England,  so  far  as  the  Nature  and  Constitution  of  the 
place  will  admit.  And  always  reserving  to  the  said  Earl,  and 
Commissioners,  and  their  Successors,  Power  and  Authority  for 
to  dispose  the  general  Government  of  that,  as  it  stands  in  Rela 
tion  to  the  rest  of  the  Plantations  in  America  as  they  shall  con 
ceive  from  Time  to  Time,  most  conducing  to  the  general  Good 
of  the  said  Plantations,  the  Honour  of  his  Majesty,  and  the  Ser 
vice  of  the  State.  , 


94  NEW  ENGLAND   CONFEDERATION         [May  19/29 

No.  19.    New  England  Confederation 

May  19/29,  1643 

THE  first  definite  suggestion  of  a  confederation  of  the  New  England  colo 
nies  appears  to  have  been  made  in  1637,  when  certain  magistrates  and  minis 
ters  from  Connecticut  held  a  conference  on  the  subject  with  the  Massachusetts 
authorities  at  Boston.  A  notice  of  this  meeting  was  sent  to  Plymouth,  but  too 
late  for  that  colony  to  be  represented.  A  counter  proposition  from  Massa 
chusetts,  in  1638,  failed  because  of  the  refusal  of  Connecticut  to  allow  the 
decision  of  a  majority  of  the  commissioners,  in  cases  of  dispute,  to  be  final. 
The  matter  was  again  urged  by  Connecticut  in  1639,  in  view  of  threatening 
reports  from  New  Netherland;  but,  although  favorably  considered  by  Massa 
chusetts,  nothing  came  of  it.  Fear  of  an  Indian  war  led  to  a  joint  proposal  to 
Massachusetts,  in  1640,  from  Rhode  Island,  Connecticut,  and  New  Haven; 
but  Massachusetts  refused  to  treat  with  Rhode  Island.  Finally,  in  1642, 
moved  by  the  "  sad  distractions  in  England,"  and  the  renewed  danger  of  an 
Indian  war,  the  Massachusetts  General  Court  appointed  a  committee  to  treat 
with  the  other  colonies  in  regard  to  union.  In  May,  1643,  the  commissioners 
met  at  Boston,  and  agreed  upon  the  articles  following;  but  the  representatives 
of  Plymouth  not  having  authority  to  conclude  the  negotiations  at  that  time,. 
the  ratification  of  that  colony  was  delayed  until  the  first  meeting  of  the 
commissioners,  Sept.  7/14.  Rhode  Island  was  not  a  member  of  the  confed 
eration,  and  applications  for  admission,  in  1644  and  1648,  were  refused,  unless 
the  Rhode  Island  settlements  would  acknowledge  the  jurisdiction  of  either 
Massachusetts  or  Plymouth.  The  importance  of  the  confederation  practically 
ceased  after  1662,  when  New  Haven  was  united  with  Connecticut;  but  the 
commissioners  continued  to  hold  occasional  meetings  until  1684. 

REFERENCES.  —  Text  in  New  Haven  Colonial  Records,  1653-1665,  pp.  562- 
566.  The  records  of  the  commissioners  are  in  Plymouth  Colony  Records,  IX., 
X.  Frothingham,  Rise  of  the  Republic,  63,  n.  2,  gives  a  list  of  the  meetings. 
See  also  Winthrop's  New  England,  passim  ;  Hubbard's  History  of  Massachu 
setts  (Mass.  Hist.  Coll.,  Second  Series,  VI.),  chap.  52;  Doyle's  Puritan  Colo 
nies,  I.,  chap.  8. 

ARTICLES 

OF 

CONFEDERATION  BETWIXT  THE  PLANTATIONS  UNDER  THE  GOVERN 
MENT  OF  THE  MASSACHUSETTS,  THE  PLANTATIONS  UNDER  THE 
GOVERNMENT  OF.  PLIMOUTH,  THE  PLANTATIONS  UNDER  THE 
GOVERNMENT  OF  CONNECTICUT,  AND  THE  GOVERNMENT  OF 
NEW  HAVEN,  WITH  THE  PLANTATIONS  IN  COMBINATION  THERE 
WITH. 

Whereas  we  all  came  into  these  parts  of  America,  with  one 
and  the  same  end  and  ayme,  namely,  to  advance  the  Kingdome 


1 643]  NEW   ENGLAND   CONFEDERATION  95 

of  our  Lord  Jesus  Christ,  and  to  enjoy  the  liberties  of  the  Gospel, 
in  purity  with  peace;  and  whereas  in  our  settling  (by  a  wise 
providence  of  God)  we  are  further  dispersed  upon  the  Sea-Coasts, 
and  Rivers,  then  was  at  first  intended,  so  that  we  cannot  (accord 
ing  to  our  desire)  with  convenience  communicate  in  one  Govern 
ment,  and  Jurisdiction;  and  whereas  we  live  encompassed  with 
people  of  severall  Nations,  and  strange  languages,  which  hereafter 
may  proved  injurious  to  us,  and  our  posterltyT^hd  forasmuch  as 
the  Natives  have  formerly  committed  sundry  insolencies  and 
outrages  upon  severall  Plantations  of  the  English,  and  have  of 
late  combined  against  us.  And  seeing  by  reason  of  the  sad  dis 
tractions  in  England,  which  they  have  heard  of,  and  by  which 
they  know  we  are  hindred  both  from  that  humble  way  of  seeking 
advice,  and  reaping  those  comfortable  fruits  of  protection  which, 
at  other  times,  we  might  well  expect;  we  therefore  doe  conceive 
it  our  bounden  duty,  without  delay,  to  enter  into  a  present  Con- 
sotiation  amongst  our  selves,  for  mutuall  help  and  strength  in  all 
our  future  concernments,  that,  as  in  Nation,  and  Religion,  so, 
in  other  respects,  we  be,  and  continue,  One,  according  to  the 
tenour  and  true  meaning  of  the  ensuing  Articles. 

I.  Wherefore  it  is  fully  Agreed  and  Concluded  by  and  between 
the  parties,  or  Jurisdictions  above  named,  and  they  doe  joyntly 
and  severally  by  these  presents  agree  and  conclude,  That  they  all 
be,  and  henceforth  be  called  by  the  name  of,  The  United  Colonies 
of  New -England. 

II.  The  said  United  Colonies  for  themselves,  and  their  pos 
terities  doe  joyntly  and  severally  hereby  enter  into  a  firjn  and 
perpetuall  league  of  friendship  and  amity,  for  offence  and  defence, 
mutuall  advice  and  succour,  upon  all  just  occasions,  both  for  pre 
serving  and  propagating  the  truth,  and  liberties  of  the  Gospel, 
and  for  their  own  mutuall  safety,'  and  wellfare. 

III.  It  is  further  agreed,  That  the  Plantations  which  at  present 
are,  or  hereafter  shall  be  settled  within  the  limits  of  the  Massa- 
chusets,  shall  be  forever  under  the  Government  of  the  Massa- 
chusets.     And  shall  have  peculiar  Jurisdiction  amongst  themselves, 
as  an  intire  body  ;    and  that  Plimouth,    Connecticut,  and  New- 
Haven,  shall  each  of  them,  in  all  respects,  have  the  like  peculiar 
Jurisdiction,  and  Government  within  their  limits.     And  in  refer 
ence  to  the  Plantations  which  already  are  setled,  or  shall  here 
after  be   erected   and   shall   settle  within   any  of   their  limits 


96  NEW   ENGLAND   CONFEDERATION          [May  19/29 

respectively,  provided  that  no  other  Jurisdiction  shall  hereafter 
be  taken  in,  as  a  distinct  head,  or  Member  of  this  Confederation, 
nor  shall  any  other  either  Plantation,  or  Jurisdiction  in  present 
being,  and  not  already  in  combination,  or  under  the  Jurisdiction 
of  any  of  these  Confederates,  be  received  by  any  of  them,  nor 
shall  any  two  of  these  Confederates,  joyne  in  one  Jurisdiction, 
without  consent  of  the  rest,  which  consent  to  be  Interpreted,  as 
in  the  sixt  ensuing  Article  is  expressed. 

IV.  It  is  also  by  these  Confederates  agreed,  That  the  charge 
of  all  just  Wars,  whether  offensive,  or  defensive,  upon  what  part 
or  Member  of  this  Confederation  soever  they  fall,  shall  both  in 
men,  provisions,  and  all  other  disbursements,  be  born  by  all  the 
parts  of  this  Confederation,  in  different  proportions,  according 
to  their  different  abilities,  in  manner  following,  namely,  That 
the  Commissioners  for  each  Jurisdiction,  from  time  to  time,  as 
there  shall  be  occasion,  bring  a  true  account  and  number  of  all 
the  Males  in  each  Plantation,  or  any  way  belonging  to,  or  under 
their  severall  Jurisdictions,  of  what  quality,  or  condition  soever 
they  be,  from  sixteen  years  old,  to  threescore,  being  inhabitants 
there.     And  that  according  to  the  different  numbers,  which  from 
time  to  time  shall  be  found  in  each  Jurisdiction,  upon  a  true, 
and  just  account,  the  service  of  men,  and  all  charges  of  the  war, 
be  born  by  the  poll :  Each  Jurisdiction,  or  Plantation,  being  left 
to  their  own  just  course,  and  custome,  of  rating  themselves,  and 
people,  according  to  their  different  estates,  with  due  respect  to 
their  qualities  and  exemptions  among  themselves,   though  the 
Confederation  take  no  notice  of  any  such  priviledge.     And  that, 
according  to  the  different  charge  of  each  Jurisdiction,  and  Plan 
tation,  the  whole  advantage  of  the  War  (if  it  please  God  so  to 
blesse  their  endeavours)  whether  it  be  in  Lands,  Goods,  or  per 
sons,  shall  be  proportionably  divided  among  the  said  Confederates. 

V.  It  is  further  agreed,  That  if  any  of  these  Jurisdictions,  or 
any  Plantation  under,  or  in  Combination  with  them,  be  invaded 
by  any  enemy  whomsoever,  upon  notice,  and  request  of  any  three 
Magistrates  of  that  Jurisdiction  so  invaded.     The  rest  of  the  Con 
federates,  without  any  further  meeting  or  expostulation,   shall 
forthwith  send  ayde  to  the  Confederate  in  danger,  but  in  different 
proportion,  namely  the  Massachusets   one    hundred   men   suffi 
ciently  armed,  and  provided  for  such  a  service,   and  journey. 
And  each  of  the  rest  five  and  forty  men,  so  armed  and  provided, 


1643]  NEW  ENGLAND  CONFEDERATION  97 

or  any  lesse  number,  if  lesse  be  required,  according  to  this  pro 
portion.  But  if  such  a  Confederate  may  be  supplyed  by  their 
next  Confederate,  not  exceeding  the  number  hereby  agreed,  they 
may  crave  help  there,  and  seek  no  further  for  the  present.  The 
charge  to  be  born,  as  in  this  Article  is  expressed.  And  at  their 
return  to  be  victualled,  and  supplied  with  powder  and  shot  (if 
there  be  need)  for  their  journey  by  that  Jurisdiction  which  im- 
ployed,  or  sent  for  them.  But  none  of  the  Jurisdictions  to  exceed 
these  numbers,  till  by  a  meeting  of  the  Commissioners  for  this 
Confederation,  a  greater  ayde  appear  necessary.  And  this  pro 
portion  to  continue,  till  upon  knowledge  of  the  numbers  in  each 
Jurisdiction,  which  shall  be  brought  to  the  next  meeting,  some 
other  proportion  be  ordered.  But  in  any  such  case  of  sending 
men  for  present  ayde,  whether  before  or  after  such  order  or  altera 
tion,  it  is  agreed,  That  at  the  meeting  of  the  Commissioners  for 
this  Confederation,  the  cause  of  such  war  or  invasion,  be  duly 
considered,  and  if  it  appear,  that  the  fault  lay  in  the  party  so 
invaded,  that  then,  that  Jurisdiction,  or  Plantation,  make  just 
satisfaction,  both  to  the  invaders,  whom  they  have  injuried,  and 
bear  all  the  charges  of  the  war  themselves,  without  requiring 
any  allowance  from  the  rest  of  the  Confederates  toward  the 
same. 

And  further,  if  any  Jurisdiction  see  any  danger  of  an  invasion 
approaching,  and  there  be  time  for  a  meeting,  That  in  such  case, 
three  Magistrates  of  that  Jurisdicton  may  summon  a  meeting,  at 
such  convenient  place,  as  themselves  shall  think  meet,  to  con 
sider,  and  provide  against  the  threatened  danger.  Provided, 
when  they  are  met,  they  may  remove  to  what  place  they  please, 
onely  while  any  of  these  four  Confederates,  have  but  three  Magis 
trates  in  their  Jurisdiction,  a  request  or  summons,  from  any  two 
of  them,  shall  be  accounted  of  equall  force,  with  the  three  men 
tioned  in  both  the  clauses  of  this  Article,  till  there  be  an  increase 
of  Magistrates  there. 

VI.  It  is  also  agreed,  That  for  the  managing  and  concluding 
of  all  affaires  proper  to,  and  concerning  the  whole  Confederation, 
two  Commissioners  shall  be  chosen  by,  and  out  of  the  foure  Juris 
dictions,  namely  two  for  the  Massachusets,  two  for  Plimouth,  two 
for  Connecticut,  and  two  for  New-haven,  being  all  in  Church- 
fellowship  with  us,  which  shall  bring  full  power  from  their  severall 
generall  Courts  respectively,  to  hear,  examine,  weigh,  and  deter- 
H 


Qg  NEW   ENGLAND   CONFEDERATION          [May  19/29 

mine  all  affaires  of  war,  or  peace,  leagues,  aydes,  charges,  and 
numbers  of  men  for  war,  division  of  spoyles,  or  whatsoever  is 
gotten  by  conquest,  receiving  of  more  confederates,  or  Plantations 
into  Combination  with  any  of  these  Confederates,  and  all  things 
of  like  nature,  which  are  the  proper  concomitants,  or  conse 
quences  of  such  a  Confederation,  for  amity,  offence,  and  defence, 
not  intermedling  with  the  Government  of  any  of  the  Jurisdictions, 
which  by  the  third  Article,  is  preserved  intirely  to  themselves. 
But  if  these  eight  Commissioners  when  they  meet,  shall  not  all 
agree,  yet  it  is  concluded,  That  any  six  of  the  eight  agreeing, 
shall  have  power  to  settle,  and  determine  the  businesse  in  ques 
tion.  But  if  six  doe  not  agree,  that  then  such  Propositions,  with 
their  Reasons,  so  far  as  they  have  been  debated,  be  sent,  and 
referred  to  the  foure  Generall  Courts,  viz.  The  Massachusets, 
Plymouth,  Connectecut,  and  New-haven.  And  if  at  all  the  said 
Generall  Courts,  the  businesse  so  referred,  be  concluded,  then  to 
be  prosecuted  by  the  Confederates,  and  all  their  Members.  It  is 
further  agreed,  That  these  eight  Commissioners  shall  meet  once 
every  year,  besides  extraordinary  meetings,  according  to  the  fifth 
Article  to  consider,  treat,  and  conclude  of  all  affaires  belonging 
to  this  Confederation,  which  meeting  shall  ever  be  the  first  Thurs 
day  in  September.  And  that  the  next  meeting  after  the  date  of 
these  presents,  which  shall  be  accounted  the  second  meeting, 
shall  be  at  Boston  in  the  Massachusets,  the  third  at  Hartford,  the 
fourth  at  New-haven,  the  fifth  at  Plimouth,  the  sixth  and  seventh 
at  Boston;  and  then  Hartford,  New-haven,  and  Plymouth,  and 
so  in  course  successively.  If  in  the  mean  time,  some  middle 
place  be  not  found  out,  and  agreed  on,  which  may  be  comodious 
for  all  the  Jurisdictions. 

VII.  It  is  further  agreed,  That  at  each  meeting  of  these  eight 
Commissioners,  whether  ordinary  or  extraordinary;  they  all,  or 
any  six  of  them  agreeing  as  before,  may  choose  their  President 
out  of  themselves,  whose  Office  and  work  shall  be,  to  take  care, 
and  direct  for  Order,  and  a  comely  carrying  on  of  all  proceedings 
in  the  present  meeting.     But  he  shall  be  invested  with  no  such 
power  or  respect,  as  by  which,  he  shall  hinder  the  propounding 
or  progresse  of  any  businesse,  or  any  way  cast  the  scales,  other 
wise  then  in  the  precedent  Article  is  agreed. 

VIII.  It  is  also  agreed,  That  the  Commissioners  for  this  Con 
federation  hereafter  at  their  meetings,  whether  ordinary  or  ex- 


1643]  NEW  ENGLAND  CONFEDERATION  99 

traordinary,  as  they  may  have  Commission  or  opportunity,  doe 
endeavour  to  frame  and  establish  Agreements  and  Orders  in 
general] Ceases  of  a  civil  nature,  wherein  all  the  Plantations  are 
interested,  for  preserving  peace  amongst  themselves,  and  pre 
venting  (as  much  as  may  be)  all  occasions  of  war,  or  differences 
with  others,  as  about  the  free  and  speedy  passage  of  Justice  in 
each  Jurisdiction,  to  all  the  Confederates  equally,  as  to  their 
own,  receiving  those  that  remove  from  one  Plantation  to  another, 
without  due  Certificates,  how  all  the  Jurisdictions  may  carry  it 
towards  the  Indians,  that  they  neither  grow  insolent,  nor  be 
injuried  without  due  satisfaction,  least  War  break  in  upon  the 
Confederates,  through  such  miscarriages.  It  is  also  agreed, 
That  if  any  Servant  run  away  from  his  Master,  into  any  other  of 
these  Confederated  Jurisdictions,  That  in  such  case,  upon  the 
Certificate  of  one  Magistrate  in  the  Jurisdiction,  out  of  which 
the  said  Servant  fled,  or  upon  other  due  proof,  the  said  Servant 
shall  be  delivered  either  to  his  Master,  or  any  other  that  pursues, 
and  brings  such  Certificate,  or  proof.  And  that  upon  the  escape 
of  any  Prisoner  whatsoever,  or  fugitive,  for  any  Criminall  Cause, 
whether  breaking  Prison,  or  getting  from  the  Officer,  or  otherwise 
escaping,  upon  the  Certificate  of  two  Magistrates  of  the  Jurisdic 
tion  out  of  which  the  escape  is  made,  that  he  was  a  prisoner  or 
such  an  offender,  at  the  time  of  the  escape.  The  Magistrates, 
or  some  of  them,  of  that  Jurisdiction  where  for  the  present  the 
said  prisoner  or  fugitive  abideth,  shall  forthwith  grant  such  a 
Warrant,  as  the  case  will  bear,  for  the  apprehending  of  any  such 
person,  and  the  delivery  of  him  into  the  hand  of  the  Officer,  or 
other  person  who  pursueth  him.  And  if  help  be  required  for  the 
safe  returning  of  any  such  offender,  it  shall  be  granted  unto  him 
that  craves  the  same,  he  paying  the  charges  thereof. 

IX.  And  for  that  the  justest  Wars  may  be  of  dangerous  conse 
quence,  especially  to  the  smaller  Plantations  in  these  United 
Colonies,  it  is  agreed,  That  neither  \ht^Massachusets,  Plymouth, 
Connecticut,  nor  New-Haven,  nor  any  of  the  Members  of  any  of 
them,  shall  at  any  time  hereafter  begin  undertake  or  engage  them 
selves,  or  this  Confederation,  or  any  part  thereof  in  any  War 
whatsoever  (sudden  exigents  with  the  necessary  consequences 
thereof  excepted,  which  are  also  to  be  moderated,  as  much  as 
the  case  will-permit)  without  the  consent  and  agreement  of  the 
forenamed  eight  Commissioners,  or  at  least  six  of  them,  as  in 


!OO  NEW   ENGLAND   CONFEDERATION          [May  19/29 

the  sixt  Article  is  provided.  And  that  no  charge  be  required  of 
any  of  the  Confederates  in  case  of  a  defensive  War,  till  the  said 
Commissioners  have  met,  and  approved  the  Justice  of  the  War, 
and  have  agreed  upon  the  sum  of  money  to  be  levied;  which  sum 
is  then  to  be  paid  by  the  severall  Confederates,  in  proportion, 
according  to  the  fourth  Article. 

X.  That  in  extraordinary  occasions,  when  meetings  are  sum 
moned  by  three  Magistrates  of  any  Jurisdiction,  or  two  as  in  the 
fifth  Article,  if  any  of  the  Commissioners  come  not,  due  warning 
being  given,  or  sent,  it  is  agreed,  That  foure  of  the  Commis 
sioners  shall  have  power  to  direct  a  War  which  cannot  be  delayed, 
and  to  send  for  due  proportions  of  men,  out  of  each  Jurisdiction, 
as  well  as  six  might  doe,  if  all  met,  but  not  lesse  than  six  shall 
determine  the  justice  of  the  War,  or  allow  the  demands,  or  Bills 
of  charges,  or  cause  any  levies  to  be  made  for  the  same. 

XL  It  is  further  agreed,  That  if  any  of  the  Confederates  shall 
hereafter  break  any  of  these  presents  Articles,  or  be  any  other 
way  injurious  to  any  one  of  the  other  Jurisdictions  such  breach 
of  Agreement,  or  injury  shalbe  duly  considered,  and  ordered 
by  the  Commissioners  for  the  other  Jurisdictions,  that  both  peace, 
and  this  present  Confederation,  may  be  intirely  preserved  without 
violation. 

Lastly,  this  perpetuall  Confederation,  and  the  severall  Articles 
and  Agreements  thereof,  being  read  and  seriously  considered, 
both  by  the  Generall  Court  for  the  Massachusetts,  and  by  the 
Commissioners  for  Plymouth,  Connecticut,  and  New-Haven,  were 
presently  and  fully  allowed  and  confirmed  by  three  of  the  fore- 
named  Confederates,  namely  the  Massachusetts,  Connecticut,  and 
New-Haven;  in  testimony  whereof,  the  Generall  Court  of  the 
Massachusetts  by  their  Secretary,  and  the  Commissioners  for  Con 
necticut  and  New- Haven  subscribed  them  the  19  day  of  the  third 
month,  commonly  called  May,  Anno  Domini,  1643. 

Only  the  Commissioners  from  Plymouth,  having  brought  no 
Commission  to  conclude,  desired  respite  to  advise  with  their 
Generall  Court,  which  was  granted,  and  at  the  second  meeting 
of  the  Commissioners  for  the  Confederation,  held  at  Boston  in 
September  following,  the  Commissioners  for  the  Jurisdiction  of 
Plymouth,  delivered  in  an  Order  of  their  Generall  Court,  dated 
the  29  of  August,  1643,  by  which  it  appeared  that  these  Articles 
of  Confederation  were  read,  approved  and  confirmed  by  the  said 


1643]  GOVERNMENT,  pff  /&&&      '-  101 

Court,  and  all  their  Townships,  and  their  Commissioners  author 
ized  to  ratifie  them  by  their  subscriptions,  which  they  accordingly 
did,  the  7  day  of  September,  1643. 


No.  20.    Government  of  New  Haven 

October  27/November  6,  1643 

INDEPENDENT  settlements,  similar  to  New  Haven,  were  established  at 
Guilford  and  Milford  in  1639,  and  at  Stamford  and  Southold  (Long  Island) 
in  1640.  In  1643  these  settlements  united  with  New  Haven  in  a  representa 
tive  government,  under  which  the  colony  continued  until  1662,  when  New 
Haven  was  incorporated  with  Connecticut  under  a  royal  charter. 

REFERENCES.  —  Text  in  New  Haven  Colonial  Records,  1638-1649,  pp.  112- 
ii  6.  For  general  references,  see  under  No.  16,  ante. 

Itt  was  agreed  and  concluded  as  a  foundamentall  order  nott  to 
be  disputed  or  questioned  hereafter,  thatt  none  shall  be  admitted 
to  be  free  burgesses  in  any  of  the  plantations  within  this  juris 
diction  for  the  future,  butt  such  planters  as  are  members  of  some 
or  other  of  the  approved  churches  in  New  England,  nor  shall  any 
butt  such  free  burgesses  have  any  vote  in  any  election,  (the  six 
present  freemen  att  Milforde  enjoying  the  liberty  with  the  cau 
tions  agreed,*)  nor  shall  any  power  or  trust  in  the  ordering  of  any 
civill  affayres,  be  att  any  time  putt  into  the  hands  of  any  other 
then  such  church  members,  though  as  free  planters,  all  have  right 
to  their  inherritance  &  to  comerce,  according  to  such  grants, 
orders  and  lawes  as  shall  be  made  concerning  the  same. 

2.  All  such  free  burgesses  shall  have  power  in  each  towne  or 
plantation  within  this  jurisdiction  to  chuse  fitt  and  able  men, 
from  amongst  themselves,  being  church  members  as  before,  to  be 
the  ordinary  judges,  to  heare  and  determine  all  inferior  causes, 
whether  civill  or  criminall,  provided  thatt  no  civill  cause  to  be 
tryed  in  any  of  these  plantation  Courts  in  value  exceed  201,  and 
thatt  the  punishment  in  such  criminalls,  according  to  the  minde 
of  God,  revealed  in  his  word,  touching  such  offences,  doe  nott 
exceed  stocking  and  whipping,  or  if  the  fine  be  pecuniary,  thatt 
itt  exceed  nott  five  pounds.  In  which  Court  the  magistrate  or 
magistrates,  if  any  be  chosen  by  the  free  burgesses  of  the  juris 
diction  for  thatt  plantation,  shall  sitt  and  assist  with  due  respect 

*  See  New  Haven  Colonial  Records,  i6q8-Lfoo,Qp.  ifl<r  "Ml  1C RRlj| 

DEPARTMENT  OF 


102        »»     'SGtBkfMEf-E  NEW  HAVEN     [Oct.  27/Nov.  6 

to  their  place,  and  sentence  shall  pass  according  to  the  vote  of 
the  major  part  of  each  such  Court,  onely  if  the  partyes,  or  any 
of  them,  be  nott  satisfyed  with  the  justice  of  such  sentences  or 
executions,  appeales  or  complaints  may  be  made  from  and  against 
these  Courts  to  the  Court  of  Magistrates  for  the  whole  jurisdic 
tion. 

3.  All  such  free  burgesses  through  the  whole  jurisdiction,  shall 
have  vote  in  the  election  of  all  magistrates,  whether  Governor, 
Deputy  Governor,  or  other  magistrates,  with  a  Treasurer,  a  Secre 
tary  and  a  Marshall,  &c.  for  the  jurisdiction.     And  for  the  ease 
of  those  free  burgesses,  especially  in  the  more  remote  plantations, 
they  may  by  proxi  vote  in  these  elections,  though  absent,  their 
votes  being  sealed  up  in  the  presence  of  the  free  burgesses  them 
selves,  thatt  their  severall  libertyes  may  be  preserved,  and  their 
votes  directed  according  to  their  owne  perticular  light,  and  these 
free  burgesses  may,  att  every  election,  chuse  so  many  magistrates 
for  each  plantation,  as  the  weight  of  affayres  may  require,  and  as 
they  shall  finde  fitt  men  for  thatt  trust.     Butt  it  is  provided  and 
agreed,  thatt  no  plantation  shall  att  any  election  be  left  destitute 
of  a  magistrate  if  they  desire  one  to  be  chosen  out  of  those  in 
church  fellowshipp  with  them. 

4.  All  the  magistrates  for  the  whole  jurisdiction  shall  meete 
twice  a  yeare  att  Newhaven,  namely,  the  Munday  immediately 
before  the  sitting  of  the  two  fixed  Generall  Courts  hereafter  men 
tioned,  to  keep  a  Court  called  the  Court  of  Magistrates,  for  the 
tryall  of  weighty  and  capitall  cases,  whether  civill  or  criminall, 
above  those  lymitted  to  the  ordinary  judges  in  the  perticular 
plantations,  and  to  receive  and  try  all  appeales  brought  unto 
them  from  the  aforesaid  Plantation  Courts,  and  to  call  all  the 
inhabitants,  whether  free  burgesses,  free  planters  or  others,  to 
account  for  the  breach  of  any  lawes  established,  and  for  other 
misdemeanours,  and  to  censure  them  according  to  the  quallity  of 
the  offence,  in  which  meetings  of  magistrates,  less  then  fower 
shall  nott  be  accounted  a  Court,  nor  shall  they  carry  on  any  busi- 
nes  as  a  Court,  butt  itt  is  expected  and  required,  thatt  all  the 
magistrates  in  this  jurisdiction  doe  constantly  attend  the  publique 
service  att  the  times  before  mentioned,  &  if  any  of  them  be 
absent  att  one  of  the  clock  in  the  afternoone  on  Munday  aforesaid, 
when  the  court  shall  sitt,  or  if  any  of  them  depart  the  towne  with 
out  leave,  while  the  court  sitts,  he  or  they  shall  pay  for  any  such 


1 643]  GOVERNMENT  OF  NEW  HAVEN  103 

default,  twenty  shillings  fine,  unless  some  providence  of  God 
occasion  the  same,  which  the  Court  of  Magistrates  shall  judge 
off  from  time  to  time,  and  all  sentences  in  this  court  shall  pass 
by  the  vote  of  the  major  part  of  magistrates  therein,  butt  from 
this  Court  of  Magistrates,  appeales  and  complaints  may  be  made 
and  brought  to  the  Generall  Court  as  the  last  and  highest  for  this 
jurisdiction;  butt  in  all  appeales  or  complants  from,  or  to,  what 
court  soever,  due  costs  and  damages  shall  be  payd  by  Jiim  or 
them  thatt  make  appeale  or  complaint  without  just  cause. 

5.  Besides  the  Plantation  Courts  and  Court  of  Magistrates, 
their  shall  be  a  Generall  Court  for  the  Jurisdiction,  which  shall 
consist  of  the  Governor,  Deputy  Governor  and  all  the  Magistrates 
within  the  Jurisdiction,  and  two  Deputyes  for  every  plantation 
in  the  Jurisdiction,  which  Deputyes  shall  from  time  to  time  be 
chosen  against  the  approach  of  any  such  Generall  Court,  by  the 
aforesaid  free  burgesses,  and  sent  with  due  certifficate  to  assist  in 
the  same,  all  which,  both  Governor  and  Deputy  Governor,  Magis 
trates  and  Deputyes,  shall  have  their  vote  in  the  said  Court. 
This  Generall  Court  shall  alwayes  sitt  att  Newhaven,  (unless  upon 
weighty  occasions  the  Generall  Court  see  cause  for  a  time  to  sitt 
elsewhere,)  and  shall  assemble  twice  every  yeare,  namely,  the 
first  Wednesday  in  Aprill,  &  the  last  Wednesday  in  October,  iri 
the  later  of  which  Courts,  the  Governor,  the  Deputy  Governor 
and  all  the  magistrates  for  the  whole  jurisdiction  with  a  Treasurer, 
a  Secretary  and  Marshall,  shall  yearely  be  chosen  by  all  the  free 
burgesses  before  mentioned,  besides  which  two  fixed  courts,  the 
Governor,  or  in  his  absence,  the  Deputy  Governor,  shall  have 
power  to  summon  a  Generall  Court  att  any  other  time,  as  the 
urgent  and  extraordinary  occasions  of  the  jurisdiction  may  re 
quire,  and  att  all  Generall  Courts,  whether  ordinary  or  extraor 
dinary,  the  Governor  and  Deputy  Governor,  and  all  the  rest  of 
the  magistrates  for  the  jurisdiction,  with  the  Deputyes  for  the 
severall  plantations,  shall  sitt  together,  till  the  affayres  of  the 
jurisdiction  be  dispatched  or  may  safely  be  respited,  and  if  any 
of  the  said  magistrates  or  Deputyes  shall  either  be  absent  att  the 
first  sitting  of  the  said  Generall  Court,  (unless  some  providence 
of  God  hinder,  which  the  said  Court  shall  judge  of,)  or  depart, 
or  absent  themselves  disorderly  before  the  Court  be  finished,  he 
or  they  shall  each  of  them  pay  twenty  shillings  fine,  with  due 
considerations  of  further  aggravations  if  there  shall  be  cause; 


104  MARYLAND   TOLERATION  ACT  [April 

which  General!  Court  shall,  with  all  care  and  dilligence  provide 
for  the  maintenance  of  the  purity  of  religion,  and  shall  suppress 
the  contrary,  according  to  their  best  light  from  the  worde  of  God, 
and  all  wholsome  and  sound  advice  which  shall  be  given  by  the 
elders  and  churches  in  the  jurisdiction,  so  farr  as  may  concerne 
their  civill  power  to  deale  therein. 

Seconly,  they  shall  have  power  to  mak  and  repeale  lawes,  and, 
while  they  are  in  force,  to  require  execution  of  them  in  all  the 
severall  plantations. 

Thirdly,  to  impose  an  oath  upon  all  the  magistrates,  for  the 
faithfull  discharge  of  the  trust  comitted  to  them,  according  to 
their  best  abilityes,  and  to  call  them  to  account  for  the  breach 
of  any  lawes  established,  or  for  other  misdemeanors,  and  to  cen 
sure  them,  as  the  quallity  of  the  offence  shall  require. 

Fowerthly,  to  impose  and  \_an~]  oath  of  fidelity  and  due  subjec 
tion  to  the  lawes  upon  all  the  free  burgesses,  free  planters,  and 
other  inhabitants  within  the  whole  jurisdiction. 

5ly  to  settle  and  leivie  rates  and  contributions  upon  all  the 
severall  plantations,  for  the  publique  service  of  the  jurisdiction. 

61y,  to  heare  and  determine  all  causes,  whether  civill  or  crimi- 
nall,  which  by  appeale  or  complaint  shall  be  orderly  brought  unto 
them  from  any  of  the  other  Courts,  or  from  any  of  the  other 
plantations,  In  all  which,  with  whatsoever  else  shall  fall  within 
their  cognisance  or  judicature,  they  shall  proceed  according  to 
the  scriptures,  which  is  the  rule  of  all  rightous  lawes  and  sen 
tences,  and  nothing  shall  pass  as  an  act  of  the  Generall  Court 
butt  by  the  consent  of  the  major  part  of  magistrates,  and  the 
greater  part  of  Deputyes. 


No.  21.    Maryland  Toleration  Act 

April,  1649 

PRACTICAL  religious  toleration  existed  in  Maryland  from  the  first,  although 
for  some  years  the  Jesuits  were  the  only  clergy  in  the  colony.  The  Puritan 
party,  however,  increased;  and  the  success  of  Parliament  in  its  struggle  with 
the  king  forced  Baltimore  not  only  to  protect  the  Catholics,  but  also  to  guard 
against  the  charge  that  Maryland  was  a  Catholic  colony.  To  that  end,  in 
1648  he  removed  the  governor,  Thomas  Greene,  a  Catholic,  and  appointed 
William  Stone  of  Virginia,  a  Protestant  and  an  adherent  of  the  Parliamentary 


1649]  MARYLAND  TOLERATION  ACT  1 05 

cause.  With  the  new  commissions  for  the  governor  and  council,  Baltimore 
also  sent  drafts  of  sixteen  proposed  laws,  one  of  which,  apparently,  was  the 
Toleration  Act.  The  act  was  passed  by  an  assembly,  the  majority  of  whom 
were  probably  Catholics,  held  at  St.  Mary's,  April  2—21,  1649.  A  proviso  in 
Stone's  commission,  forbidding  him  to  assent  to  the  repeal  of  any  law,  past  or 
future,  concerning  religion,  was  designed  to  prevent  later  interference.  In 
1654,  when  the  Puritans  gained  control,  the  protection  hitherto  accorded  to 
Catholics  was  withdrawn;  but  the  act  of  1649  was  revived  in  1658,  on  the 
restoration  of  Baltimore's  authority,  and  was  incorporated  in  the  revision  of 
the  laws  made  in  1676.  An  order  of  1659,  imposing  penalties  upon  Quakers, 
seems  not  to  have  been  enforced. 

REFERENCES. —  Text  in  Browne's  Archives  of  Alary  land,  I.,  244-247.  On 
the  general  subject  of  toleration  in  Maryland,  see  references  in  Winsor's  Narr. 
and  Crit,  Hist.,  III.,  560-562. 

AN  ACT  CONCERNING  RELIGION 

[The  first  part  of  the  act  provides  for  the  punishment  of 
blasphemy  and  Sabbath-breaking,  and  of  such  persons  as  shall 
call  any  one  within  the  Province  "an  heretick,  Scismatick, 
Idolater,  puritan,  Independant,  Prespiterian  popish  prest,  Jesuite, 
Jesuited  papist,  Lutheran,  Calvenist,  Anabaptist,  Brownist,  Anti- 
nomian,  Barrowist,  Roundhead,  Separatist,  or  any  other  name  or 
terme  in  a  reproachfull  manner  relating  to  matter  of  Religion."] 

And  whereas  the  inforceing  of  the  conscience  in  matters  of 
Religion  hath  frequently  fallen  out  to  be  of  dangerous  Conse 
quence  in  those  commonwealthes  where  it  hath  been  practised, 
And  for  the  more  quiett  and  peaceable  governement  of  this 
Province,  and  the  better  to  preserve  mutuall  Love  and  amity 
amongst  the  Inhabitants  thereof.  Be  it  Therefore  .  .  .  enacted 
(except  as  in  this  present  Act  is  before  Declared  and  sett  forth) 
that  noe  person  or  persons  whatsoever  within  this  Province,  or 
the  Islands,  Ports,  Harbors,  Creekes,  or  havens  thereunto  be 
longing  professing  to  beleive  in  Jesus  Christ,  shall  from  hence 
forth  bee  any  waies  troubled,  Molested  or  discountenanced  for 
or  in  respect  of  his  or  her  religion  nor  in  the  free  exercise  thereof 
within  this  Province  or  the  Islands  thereunto  belonging  nor  any 
way  compelled  to  the  beleife  or  exercise  of  any  other  Religion 
against  his  or  her  consent,  soe  as  they  be  not  unfaithfull  to  the 
Lord  Proprietary,  or  molest  or  conspire  against  the  civill  Govern 
ment  established  or  to  bee  established  in  this  Province  under  him 
or  his  heires.  And  that  all  &  every  person  and  persons  that  shall 
presume  Contrary  to  this  Act  and  the  true  intent  and  meaning 


106  NAVIGATION  ACT  [Oct.  9/19 

thereof  directly  or  indirectly  either  in  person  or  estate  willfully 
to  wrong  disturbe  trouble  or  molest  any  person  whatsoever  within 
this  Province  professing  to  beleive  in  Jesus  Christ  for  or  in 
respect  of  his  or  her  religion  or  the  free  exercise  thereof  within 
this  Province  other  than  is  provided  for  in  this  Act  that  such 
person  or  persons  soe  offending,  shalbe  compelled  to  pay  trebble 
damages  to  the  party  soe  wronged  or  molested,  and  for  every  such 
offence  shall  also  forfeit  20"  sterling  in  money  or  the  value  thereof, 
half  thereof  for  the  use  of  the  Lo :  Proprietary,  and  his  heires 
Lords  and  Proprietaries  of  this  Province,  and  the  other  half  for 
the  use  of  the  party  soe  wronged  or  molested  as  aforesaid,  Or  if 
the  partie  soe  offending  as  aforesaid  shall  refuse  or  bee  unable  to 
recompense  the  party  soe  wronged,  or  to  satisfy  such  ffyne  or 
forfeiture,  then  such  Offender  shalbe  severely  punished  by  pub- 
lick  whipping  &  imprisonment  during  the  pleasure  of  the  Lord 
Proprietary,  or  his  Leiuetenant  or  cheife  Governor  of  this  Prov 
ince  for  the  tyme  being  without  baile  or  maineprise.  .  .  . 


No.  22.    Navigation  Act, 

October  9/19,  1651 

UNDER  the  early  colonial  charters,  the  American  colonies  were  generally 
exempted,  either  wholly  or  for  a  term  of  years,  from  the  operation  of  the 
various  acts  for  the  regulation  of  trade  then  in  force.  The  activity  of  the 
Dutch,  however,  gradually  secured  to  that  nation  the  virtual  control  of 
the  colonial  carrying  trade.  To  regain  this  trade  for  the  English,  Parlia 
ment,  in  1645,  passed  the  first  of  a  long  series  of  acts  and  ordinances  com 
monly  spoken  of  collectively  as  the  Navigation  Acts.  The  ordinance  of  1645 
prohibited  the  importation  into  England,  in  other  than  English  vessels  manned 
by  English  seamen,  of  whale  oil  and  other  products  of  the  whale  fisheries.  An 
ordinance  of  the  following  year  restricted  the  foreign  trade  of  the  colonies  to 
English  bottoms.  In  1649  the  importation  into  England,  Ireland,  "or  any 
of  the  dominions  thereof,"  of  P'rench  wines,  wool,  and  silk  was  prohibited.  In 
1650,  Virginia  and  certain  of  the  West  India  colonies,  where  opposition  to 
Puritanism  had  broken  out,  were  declared  to  be  in  rebellion;  and  in  order 
"  to  hinder  the  carrying  over  of  any  such  persons  as  are  enemies  to  this 
Commonwealth,  or  that  may  prove  dangerous  to  any  of  the  English  planta 
tions  in  America,"  foreign  vessels  were  forbidden  to  trade  with  the  colonies, 
save  under  license  from  Parliament  or  the  Council  of  State.  The  act  of  1651 
aimed  to  secure  the  colonial  trade  for  the  mother  country  by  "  a  policy  of 
coercion  pure  and  simple." 

REFERENCES.  —  Text  in  Scobell's  Acts  of  Parliament  (ed.  1653),  165-170. 


1651]  NAVIGATION  ACT  IO/ 

The  original  text  is  in  black  letter,  except  the  words  here  printed  in  italics; 
and  there  is  no  division  into  paragraphs.  On  the  history  and  effects  of  the 
Navigation  Acts,  as  touching  America,  see  Beer's  Commercial  Policy  of  Eng 
land  toivards  the  American  Colonies,  in  Columbia  Coll.  Studies,  III.,  No.  2; 
Channing's  Navigation  Laws,  in  Amer.  Antiq.  Soc.  Proceedings,  1889;  Scott's 
Development  of  Constitutional  Liberty,  chap.  8. 

An  Act  for  increase  of  Shipping  and  Encouragement  of  the 
Navigation  of  this  Nation. 

For  the  Increase  of  the  Shipping  and  the  encouragement  of  the 
Navigation  of  this  Nation,  which  under  the  good  Providence  and 
protection  of  God,  is  so  great  a  means  of  the  Welfare  and  Safety 
of  this  Commonwealth;  Be  it  Enacted  by  this  present  Parliament, 
and  the  Authority  thereof,  That  from  and  after  the  First  day  of 
December,  One  thousand  six  hundred  fifty  one,  and  from  thence- 
forwards,  No  Goods  or  Commodities  whatsoever,  of  the  Growth, 
Production  or  Manufacture  of  Asia,  Africa  or  America,  or  of  any 
part  thereof;  or  of  any  Islands  belonging  to  them  or  any  of  them, 
or  which  are  described  or  laid  down  in  the  usual  Maps  or  Cards 
of  those  places,  as  well  of  the  English  Plantations  as  others,  shall 
be  Imported  or  brought  into  this  Commonwealth  of  England,  or 
into  Ireland,  or  any  other  Lands,  Islands,  Plantations  or  Terri 
tories  to  this  Commonwealth  belonging,  or  in  their  Possession, 
in  any  other  Ship  or  Ships,  Vessel  or  Vessels  whatsoever,  but 
onely  in  such  as  do  truly  and  without  fraud  belong  onely  to  the 
People  of  this  Commonwealth,  or  the  Plantations  thereof,  as  the 
Proprietors  or  right  Owners  thereof :  And  whereof  the  Master  and 
Mariners  are  also  for  the  most  part  of  them,  of  the  People  of  this 
Commonwealth,  under  the  penalty  of  the  forfeiture  and  loss  of 
all  the  Goods  that  shall  be  Imported  contrary  to  this  Act;  as  also 
of  the  Ship  (with  all  her  Tackle,  Guns  and  Apparel)  in  which  the 
said  Goods  or  Commodities  shall  be  so  brought  in  and  Imported; 
The  one  moiety  to  the  use  of  the  Commonwealth,  and  the  other 
moiety  to  the  use  and  behoof  of  any  person  or  persons  who  shall 
seize  the  said  Goods  or  Commodities,  and  shall  prosecute  the 
same  in  any  Court  of  Record  within  this  Commonwealth. 

And  it  is  further  Enacted  .  .  .  ,  That  no  Goods  or  Commodities 
of  the  Growth,  Production  or  Manufacture  of  Europe,  or  of  any 
part  thereof,  shall  after  the  First  day  of  December,  One  thousand 
six  hundred  fifty  and  one,  be  Imported  or  brought  into  this  Com 
monwealth  of  England,  or  into  Ireland,  or  any  other  Lands, 


108  NAVIGATION  ACT  [Oct.  9/19 

Islands,  Plantations  or  Territories  to  this  Commonwealth  belong 
ing,  or  in  their  possession,  in  any  Ship  or  Ships,  Vessel  or  Vessels 
whatsover,  but  in  such  as  do  truly  and  without  fraud  belong  onely 
to  the  people  of  this  Commonwealth,  as  the  true  Owners  and 
Proprietors  thereof,  and  in  no  other,  except  onely  such  Foreign 
Ships  and  Vessels  as  do  truly  and  properly  belong  to  the  people 
of  that  Countrey  or  place,  of  which  the  said  Goods  are  the  Growth, 
Production  or  Manufacture;  or  to  such  Ports  where  the  said  Goods 
can  onely  be,  or  most  usually  are  first  Shipped  for  Transporta 
tion  ;  And  that  under  the  same  penalty  of  forfeiture  and  loss 
expressed  in  the  former  Branch  of  this  Act,  the  said  Forfeitures 
to  be  recovered  and  imployed  as  is  therein  expressed. 

And  it  is  further  Enacted  .  .  .  ,  That  no-Goods  or  Commodities 
that  are  of  Foreign  Growth,  Production  or  Manufacture,  and 
which  are  to  be  brought  into  this  Commonwealth,  in  shipping 
belonging  to  the  people  thereof,  shall  be  by  them  Shipped  or 
brought  from  any  other  place  or  places,  Countrey  or  Countreys, 
but  onely  from  those  of  their  said  Growth,  Production  or  jManu- 
facture;  or  from  those  Ports  where  the  said  Goods  and  Commodi 
ties  can  onely,  or  are,  or  usually  have  been  first  shipped  for 
Transportation;  And  from  none  other  Places  or  Countreys,  under 
the  same  penalty  of  forfeiture  and  loss  expressed  in  the  first 
Branch  of  this  Act,  the  said  Forfeitures  to  be  recovered  and 
imployed  as  is  therein  expressed. 

And  it  is  further  Enacted  .  .  .  ,  That  no  sort  of  Cod-fish,  Ling, 
Herring,  Pilchard,  or  any  other  kinde  of  salted  Fish,  usually 
fished  for  and  caught  by  the  people  of  this  Nation;  nor  any  Oyl 
made,  or  that  shall  be  made  of  any  kinde  of  Fish  whatsoever; 
nor  any  Whale-fins,  or  Whale-bones,  shall  from  henceforth  be 
Imported  into  this  Commonwealth,  or  into  Ireland,  or  any  other 
Lands,  Islands,  Plantations  or  Territories  thereto  belonging,  or 
in  their  possession,  but  onely  such  as  shall  be  caught  in  Vessels 
that  do  or  shall  truly  and  properly  belong  to  the  people  of  this 
Nation,  as  Proprietors  and  Right  Owners  thereof :  And  the  said 
Fish  to  be  cured,  and  the  Oyl  aforesaid  made  by  the  people  of 
this  Commonwealth,  under  the  penalty  and  loss  expressed  in  the 
said  first  Branch  of.  this  present  Act;  the  said  Forfeit  to  be 
recovered  and  imployed  as  is  there  expressed. 

And  it  is  further  Enacted  .  .  .  ,  That  no  sort  of  Cod,  Ling, 
Herring,  Pilchard,  or  any  other  kinde  of  Salted  Fish  whatsoever, 


1651]  NAVIGATION  ACT  1 09 

which  shall  be  caught  and  cured  by  the  people  of  this  Common 
wealth,  shall  be  from  and  after  the  First  day  of  February,  One 
thousand  six  hundred  fifty  three,  Exported  from  any  place  or 
places  belonging  to  this  Commonwealth,  in  any  other  Ship  or 
Ships,  Vessel  or  Vessels,  save  onely  in  such  as  do  truly  and  prop 
erly  appertain  to  the  people  of  this  Commonwealth,  as  Right 
Owners;  and  whereof  the  Master  and  Mariners  are  for  the  most 
part  of  them  English,  under  the  penalty  and  loss  expressed  in  the 
said  first  Branch  of  this  present  Act;  the  said  Forfeit  to  be  recov 
ered  and  imployed  as  is  there  expressed. 

Provided  always,  That  this  Act,  nor  anything  therein  contained, 
extend  not,  or  be  meant  to  restrain  the  Importation  of  any  of  the 
Commodities  of  the  Streights  or  Levant  Seas,  loaden  in  the  Ship 
ping  of  this  Nation  as  aforesaid,  at  the  usual  Ports  or  places  for 
lading  of  them  heretofore  within  the  said  Streights  or  Levant 
Seas,  though  the  said  Commodities  be  not  of  the  very  Growth  of 
the  said  places. 

Provided  also,  That  this  Act  nor  any  thing  therein  contained, 
extend  not,  nor  be  meant  to  restrain  the  Importing  of  any  East- 
India  Commodities  loaden  in  the  Shipping  of  this  Nation,  at  the 
usual  Port  or  places  for  lading  of  them  heretofore  in  any  part  of 
those  Seas,  to  the  Southward  and  Eastward  of  Cabo  Bona  Es- 
peranza,  although  the  said  Ports  be  not  the  very  places  of  their 
Growth. 

Provided  also,  That  it  shall  and  may  be  lawful  to  and  for  any 
of  the  people  of  this  Commonwealth,  in  Vessels  or  Ships  to  them 
belonging,  and  whereof  the  Master  and  Mariners  are  of  this 
Nation  as  aforesaid,  To  load  and  bring  in  from  any  of  the  Ports 
of  Spain  and  Portugal,  all  sorts  of  Goods  or  Commodities  that 
have  come  from,  or  any  way  belonged  unto  the  Plantations  or 
Dominions  of  either  of  them  respectively. 

Be  it  also  further  Enacted  .  .  .  ,  That  from  henceforth,  it  shall 
not  be  lawful  to  any  person  or  persons  whatsover,  to  load  or  cause 
to  be  loaden  and  carryed  in  any  Bottom  or  Bottoms,  Ship  or 
Ships,  Vessel  or  Vessels  whatsover,  whereof  any  Stranger  or 
Strangers  born  (unless  such  as  be  Denizens  or  Naturalized)  be 
Owners,  part  Owners  or  Master,  Any  Fish,  Victual,  Wares,  or 
things  of  what  kinde  or  nature  soever  the  same  shall  be,  from 
one  Port  or  Creek  of  this  Commonwealth  to  another  Port  or  Creek 
of  the  same,  under  penalty  to  every  one  that  shall  offend  contrary 


1 10  FIRST  NAVIGATION  ACT  [1660 

to  the  true  meaning  of  this  Branch  of  this  present  Act,  to  forfeit 
all  the  Goods  that  shall  be  so  laden  or  carried,  as  also  the  Ship 
upon  which  they  shall  be  so  laden  or  carried,  the  same  Forfeit 
to  be  recovered  and  imployed  as  directed  in  the  First  Branch  of 
this  present  Act. 

Lastly,  That  this  Act  nor  any  thing  therein  contained,  extend 
not  to  Bullion,  nor  yet  to  any  Goods  taken,  or  that  shall  be  taken 
by  way  of  Reprizal  by  any  Ship  or  Ships,  having  Commission 
from  this  Commonwealth. 

Provided,  That  this  Act,  or  any  thing  therein  contained,  shall 
not  extend,  nor  be  construed  to  extend  to  any  Silk  or  Silk-wares 
which  shall  be  brought  by  Land  from  any  parts  of  Italy,  and  there 
bought  with  the  proceed  of  English  Commodities,  sold  either  for 
money  or  in  Barter;  but  that  it  shall  and  may  be  lawful  for  any 
of  the  People  of  this  Commonwealth  to  ship  the  same  in  English 
Vessels  from  Ostend,  Newport,  Roterdam,  Middleburgh,  Amster 
dam,  or  any  Ports  thereabouts;  The  Owners  and  Proprietors  first 
making  Oath  by  themselves,  or  other  credible  Witness,  before 
the  Commissioners  of  the  Customs  for  the  time  being  or  their 
Deputies,  or  one  of  the  Barons  of  the  Exchequer,  That  the  Goods 
aforesaid  were  so  bought  for  his  or  their  own  proper  Accompt  in 
Italy. 

» 

No.  23.    First  Navigation  Act 
1660 

THE  act  of  1660,  usually  known  as  the  First  Navigation  Act,  embodied,  in 
more  systematic  form,  the  important  provisions  of  earlier  acts,  with  the  object 
of  protecting  both  English  and  colonial  shipping,  and  exploiting  the  colonial 
trade  for  the  benefit  of  the  mother  country.  As  the  act  was  passed  by  the 
Convention  Parliament,  it  was  confirmed  in  1661  by  the  first  Parliament, 
known  technically  as  the  thirteenth,  regularly  assembled  after  the  restoration 
of  Charles  II. 

REFERENCES.—  Text  in  Statutes  of  the  Realm,  V.,  246-250.  The  act  is 
cited  as  12  Car.  II.,  c.  18.  For  general  references,  see  under  No.  22,  ante. 

AN  ACT  for  the  Encourageing  and  increasing  of  Shipping  and 

Navigation. 

[I.]  For  the  increase  of  Shiping  and  incouragement  of  the 
Navigation  of  this  Nation,  wherin  under  the  good  providence 
and  protection  of  God  the  Wealth  Safety  and  Strength  of  this 


1660]  FIRST  NAVIGATION  ACT  III 

Kingdome  is  soe  much  concerned  Bee  it  Enacted  by  the  Kings 
most  Excellent  Majesty  and  by  the  Lords  and  Commons  in  this 
present  Parliament  assembled  and  the  Authoritie  therof  That 
from  and  after  the  First  day  of  December  One  thousand  six  hun 
dred  and  sixty  and  from  thence  forward (noe  Goods  or  Commodi 
ties  whatsoever  shall  be  Imported  into  or  Exported  out  of  any 
Lands  Islelands  Plantations  or  Territories  to  his  Majesty  belong 
ing  or  in  his  possession  or  which  may  hereafter  belong  unto  or 
be  in  the  possession-of- His  Majesty  His  Heires  and  Successors 
in  Asia  Africa  or  Amerka  in  any  other  Ship  or  Ships  Vessell  or 
Vessells  whatsoever  but  in  such  Ships  or  Vessells  as  doe  truely 
and  without  fraude  belong  onely  to  the  people  of  England  or 
Ireland  Dominion  of  Wales  or  Towne  of  Berwicke  upon  Tweede, 
or  are  of  the  built  of,  and  belonging  to  any  of  the  said  Lands 
Islands  Plantations  or  Territories  as  the  Proprietors  and  right 
Owners  therof  and  wherof  the  Master  and  three  fourthes  of  the 
Marriners  at  least  are  English  under  the  penalty  of  the  Forfeiture 
and  Losse  of  all  the  Goods  and  Commodityes  which  shall  be 
Imported  into,  or  Exported  out  of,  any  the  aforesaid  places  in 
any  other  Ship  or  Vessell,  as  alsoe  of  the  Ship  or  Vessell  with  all 
its  Guns  Furniture  Tackle  Ammunition  and  Apparell,  one  third 
part  thereof  to  his  Majesty  his  Heires  and  Successors,  one  third 
part  to  the  Governour  of  such  Land  Plantation  Island  or  Territory 
where  such  default  shall  be  commited  in  case  the  said  Ship  or 
Goods  be  there  seised,  or  otherwise  that  third  part  alsoe  to  his 
Majesty  his  Heires  and  Successors,  and  the  other  third  part  to 
him  or  them  who  shall  Seize  Informe  or  sue  for  the  same  in  any 
Court  of  Record  by  Bill  Information  Plaint  or  other  Action 
wherein  noe  Essoigne  Protection  or  Wager  of  Law  shall  be 
allowed,  And  all  Admiralls  and  other  Commanders  at  Sea  of  any 
the  Ships  of  War  or  other  Ship  haveing  Commission  from  His 
Majesty  or  from  his  Heires  or  Successors  are  hereby  authorized 
and  strictly  required  to  seize  and  bring  in  as  prize  all  such  Ships 
or  Vessells  as  shall  have  offended  contrary  hereunto  and  deliver 
them  to  the  Court  of  Admiralty  there  to  be  proceeded  against 
and  in  case  of  condemnation  one  moyety  of  such  Forfeitures 
shall  be  to  the  use  of  such  Admiralls  or  Commanders  and  their 
Companies  to  be  divided  and  proportioned  amongst  them  accord 
ing  to  the  Rules  and  Orders  of  the  Sea  in  [cases  *]  of  Ships  taken 

*  Case  in  the  original  Ms. 


H2  FIRST  NAVIGATION  ACT  [1660 

prize,  and  the  other  moyety  to  the  use  of  his  Majesty  his  Heires 
and  Successors. 

####*###### 

[III.]  And  it  is  further  Enacted  .  .  .  that  noe  Goods  or  Com- 
modityes  whatsoever  of  the  growth  production  or  manufacture  of 
Africa  Asia  or  America  or  of  any  part  thereof,  or  which  are  dis- 
cribed  or  laid  downe  in  the  usuall  Maps  or  Cards  of  those  places 
be  Imported  into  England  Ireland  or  Wales  Islands  of  Guernsey 
or  Jersey  or  Towne  of  Berwicke  upon  Tweede  in  any  other  Ship 
or  Ships  Vessell  or  Vessels  whatsoever,  but  in  such  as  doe  truely 
and  without  fraude  belong  onely  to  the  people  of  England  or 
Ireland,  Dominion  of  Wales  or  Towne  of  Berwicke  upon  Tweede 
or  of  the  Lands  Islands  Plantations  or  Territories  in  Asia  Africa 
or  America  to  his  Majesty  belonging  as  the  proprietors  and  right 
owners  therof,  and  wherof  the  Master  and  three  fourthes  at  least 
of  the  Mariners  are  English  under  the  penalty  of  the  forfeiture 
of  all  such  Goods  and  Commodityes,  and  of  the  Ship  or  Vessell 
:n  which  they  were  Imported  with  all  her  Guns  Tackle  Furni 
ture  Ammunition  and  Apparell,  one  moyety  to  his  Majesty  his 
Heires  and  Successors,  and  the  other  moyety  to  him  or  them 
whoe  shall  Seize  Inform  or  Sue  for  the  same  in  any  Court  of 
Record  by  Bill  Information  Plaint  or  other  Action  wherein  noe 
Essoigne  Protection  or  Wager  in  Law  shall  be  allowed. 

[IV.]  And  it  is  further  Enacted  .  .  .  that  noe  Goods  or  Com 
modityes  that  are  of  forraigne  growth  production  or  manufacture 
and  which  are  to  be  brought  into  England  Ireland  Wales,  the 
Islands  of  Guernsey  &  Jersey  or  Towne  of  Berwicke  upon  Tweede 
in  English  built  shiping,  or  other  shiping  belonging  to  some  of 
the  aforesaid  places,  and  navigated  by  English  Mariners  as 
abovesaid  shall  be  shiped  or  brought  from  any  other  place  or 
Places,  Country  or  Countries  but  onely  from  those  of  their  said 
Growth  Production  or  Manufacture,  or  from  those  Ports  where 
the  said  Goods  and  Commodityes  can  onely  or  are  or  usually 
have  beene  first  shiped  for  transportation  and  from  none  other 
Places  or  Countryes  under  the  penalty  of  the  forfeiture  of  all  such 
of  the  aforesaid  Goods  as  shall  be  Imported  from  any  other  place 
or  Country  contrary  to  the  true  intent  and  meaning  hereof,  as 
alsoe  of  the  ship  in  which  they  were  imported  with  all  her  Guns 
Furniture  Ammunition  Tackle  and  Apparel,  one  Moyety  to  His 
Majesty  His  Heires  and  Successors  and  the  other  Moyety  to  him 


1660]  FIRST  NAVIGATION  ACT  113 

or  them  that  shall  seize  informe  or  sue  for  the  same  in  any  Court 
of  Record  to  be  recovered  as  is  before  exprest, 

[V.]  And  it  is  further  Enacted  by  the  Authority  aforesaid  That 
any  sort  of  Ling  Stockefish  Pilchard,  or  any  other  kinde  of  dryed 
or  salted  fish  usually  fished  for  and  caught  by  the  people  of  Eng 
land  Ireland  Wales  or  Tovvne  of  Berwicke  upon  Tweede,  or  any 
sort  of  Codfish  or  Herring,  or  any  Oyle  or  Blubber  made  or  that 
shall  be  made  of  any  kinde  of  Fish  whatsoever,  or  any  Whale 
fines  or  Whale  bones  which  shall  be  imported  into  England  Ire 
land  Wales  or  Towne  of  Berwicke  upon  Tweede  not  haveing 
beene  caught  in  Vessels  truely  and  properly  belonging  thereunto 
as  Proprietors  and  right  Owners  thereof  and  the  said  Fish  cured 
saved  or  dryed,  and  the  Oyle  and  Blubber  aforesaid  (which  shall 
be  accompted  and  pay  as  oyle)  not  made  by  the  people  thereof, 
and  shall  be  imported  into  England  Ireland  or  Wales  or  Towne 
of  Berwicke  upon  Tweede  shall  pay  double  Aliens  custome. 

[VI.]  And  be  it  further  Enacted  by  the  Authority  aforesaid 
That  from  henceforth  it  shall  not  be  lawfull  to  any  person  or  per 
sons  whatsoever  to  Load  or  cause  to  be  Loaden  and  carryed  in 
any  Bottome  or  Bottomes  Ship  or  Ships  Vessell  or  Vessels  what 
soever  wherof  any  Stranger  or  Strangers  borne  (unlesse  such  as 
[shall  *]  bee  Denizens  or  Naturalized)  be  Owners  part  Owners  or 
Master  and  wherof  three  Fourthes  of  the  Mariners  at  least  shall 
not  be  English  any  Fish  Victual  1  Wares  Goods  Commodityes  or 
[Goods  t]  of  what  kinde  or  Nature  soever  the  same  shall  be  from 
one  Port  or  Creeke  of  England  Ireland  Wales  Islands  of  Guernsey 
or  Jersey  or  Towne  of  Berwicke  upon  Tweede  to  another  Port  or 
Creeke  of  the  same  or  of  any  of  them  under  penalty  for  every 
one  that  shall  offend  contrary  to  the  true  meaning  of  this  branch 
of  this  present  Act  to  forfeit  all  such  goods  .  .  .  together  with  the 
Ship  or  Vessell  and  all  her  Guns  Ammunition  Tackle  Furniture 
and  Apparel,  one  moyety  to  His  Majesty  His  Heires  and  Suc 
cessors  and  the  other  moyety  to  him  or  them  that  shall  Informe 
Seize  or  Sue  for  the  same  in  any  Court  of  Record  to  be  recovered 
in  manner  aforesaid. 

*********** 

[VIII.]  And  it  is  further  Enacted  .  .  .  That  noe  Goods  or 
Commodityes  of  the  Growth  Production  or  Manufacture  of  Mus- 

*  Omitted  in  the  original  Ms. 
f  The  original  Ms.  has  things. 


114  FIRST  NAVIGATION  ACT  [1660 

covy  or  of  any  the  Countryes  Dominions  or  Territories  to  the 
Great  Duke  or  Emporer  of  Muscovia  or  Russia  belonging,  As 
alsoe  that  noe  sorts  of  Masts  Timber  or  boards  noe  forraigne  Salt 
Pitch  Tar  Rozin  Hempe  or  Flax  Raizins  Figs  Prunes  Olive  Oyles 
noe  [sort*]  of  Corne  or  Graine  Sugar  Pot-ashes  Wines  Vinegar  or 
Spirits  called  Aqua-vite  or  Brandy  Wine  shall  from  and  after  .  .  . 
[April  i,  1661]  .  .  .  be  imported  into  England  Ireland  Wales  or 
Towne  of  Bervvicke  upon  Tweede  in  any  Ship  or  Ships  Vessel  or 
Vessels  whatsoever  but  in  such  as  doe  truely  and  without  fraude 
belong  to  the  people  therof  or  of  some  of  them  as  the  true  Owners 
and  proprietors  therof,  and  wherof  the  Master  and  Three  Fourths 
of  the  Mariners  at  least  are  English,  and  that  noe  Currants,  nor 
Commodityes  of  the  growth  production  or  Manufacture  of  any 
the  Countryes  Islands  Dominions  or  Territories  to  the  Othoman 
or  Turkish  Empire  belonging  shall  from  and  after  the  first  day 
of  September  which  shall  be  in  the  yeare  of  our  Lord  One  thou 
sand  six  hundred  sixty  one  be  imported  into  any  the  foremen- 
tioned  places  in  any  Ship  or  Vessel,  but  which  is  of  English  built 
and  navigated  as  aforesaid  and  in  noe  other,  except  onely  such 
forraigne  ships  and  vessels  as  are  of  the  built  of  that  Country 
or  place  of  which  the  said  Goods  are  the  growth  production  or 
Manufacture  respectively,  or  of  such  Port  where  the  said  Goods 
can  onely  be  or  most  usually  are  first  shiped  for  transportation, 
and  wherof  the  Master  and  three  Fourths  of  the  Mariners  at  least 
are  of  the  said  Country  [andf ]  place  under  the  penalty  and  for 
feiture  of  Ship  and  Goods  to  be  disposed  and  recovered  as  in  the 
foregoing  Clause. 

*********** 

[XVIIL]  And  it  is  further  Enacted  .  .  .  That  from  and  after 
.  [April  i,  1661]  .  .  .  noe  Sugars  Tobaccho  Cotton  Wool  In- 
jcjlicoes  Ginger  Fustick  or  other  dyeing  wood  of  the  Growth  Pro- 
uction  or  Manufacture  of  any  English  Plantations  in  America 
Uia  or  Africa  shall  be  shiped  carryed  conveyed  or  transported 
rom  any  of  the  said  English  Plantations  to  any  Land  Island 
Territory  Dominion  Port  or  place  whatsoever  other  then  to  such 
[         j]  English  Plantations  as  doe  belong  to  His  Majesty  His 
Heires  and  Successors  or  to  the  Kingdome  of  England  or-  Ireland 
or  Principality  of  Wales  or  Towne  of  Berwicke  upon  Tweede 

*  sorts  in  the  original  Ms.  f  or  in  the  original  Ms. 

I  The  Ms.  inserts  other. 


1660]  FIRST  NAVIGATION  ACT  115 

there  to  be  laid  on  shore  under  the  penalty  of  the  Forfeiture  of 
the  said  Goods  or  the  full  value  thereof,  as  alsoe  of  the  Ship 
with  all  her  Guns  Tackle  Apparel  Ammunition  and  Furniture, 
the  one  moyety  to  the  Kings  Majesty  His  Heires  and  Successors, 
and  the  other  moyety  to  him  or  them  that  shel  seize  informe  or 
sue  for  the  same  in  any  Court  of  Record  by  Bil  Plaint  or  Infor 
mation  wherein  noe  Essoyne  Protection  or  Wager  of  Law  shall 
be  allowed. 

[XIX.]  And  be  it  further  Enacted  .  .  .  That  for  every  Ship  or 
Vessel  which  from  and  after  .  .  .  [December  25,  1660]  .  .  .  shall  set 
saile  out  of,  or  from  England  Ireland  Wales  or  Towne  of  Berwicke 
upon  Tweede  for  any  English  Plantation  in  America  Asia  [or] 
Africa  sufficient  bond  shall  be  given  with  one  surety  to  the  cheife 
Officers  of  the  Custome  house,  of  such  Port  or  place  from  whence 
the  said  Ship  shall  s'et  saile  to  the  value  of  one  thousand  pounds 
if  the  ship  be  of  lesse  burthen  then  one  hundred  Tuns,  and  of 
the  summe  of  two  thousand  pounds  if  the  Ship  [shal]  be  of  greater 
burthen,  That  in  case  the  said  Ship  or  Vessel  shall  loade  any  of 
the  said  Commodityes  at  any  of  the  said  English  Plantations, 
that  the  same  Commodityes  shall  be  by  the  said  ship  brought  to 
some  Port  of  England  Ireland  Wales,  or  to  the  Port  or  Towne  of 
Berwicke  upon  Tweede  and  shall  there  unload  and  put  on  shore 
the  same,  the  danger  of  the  Seas  onely  excepted,  And  for  all  ships 
coming  from  any  other  Port  or  Place  to  any  of  the  aforesaid 
plantations  who  by  this  Act  are  permited  to  trade  there,  that  the 
Governour  of  such  English  plantation  shall  before  the  said  Ship 
or  Vessel  be  permited  to  loade  on  board  any  of  the  said  Com 
modityes  take  Bond  in  manner  and  to  the  value  aforesaid  for  each 
respective  Ship  or  Vessel,  That  such  Ship  or  Vessell  shall  carry 
all  the  aforesaid  Goods  that  shall  be  laden  on  board  in  the  said 
ship  to  some  other  of  His  Majestyes  English  Plantations,  or  to 
England  Ireland  Wales  or  Towne  of  Berwicke  upon  Tweede,  And 
that  every  ship  or  vessel  [that*]  shall  loade  or  take  on  board  any 
of  the  aforesaid  Goods  until  such  Bond  given  to  the  said  Gov 
ernour  or  Certificate  produced  from  the  Officers  of  any  Custome 
house  of  England  Ireland  Wales  or  of  the  Towne  of  Berwicke 
that  such  bond  have  beene  there  duely  given,  shall  be  forfeited 
with  all  her  Guns  Tackle  Apparel  and  Furniture  to  be  imployed 
and  recovered  in  manner  [as]  aforesaid.  .  .  . 
*  which  in  the  original  Ms. 


H6  CHARTER  OF  CONNECTICUT       [April  23 /May  3 

No.  24.    Charter  of  Connecticut 

April  23/May  3,  1662 

IN  May,  1661,  the  General  Court  of  Connecticut  appointed  a  committee  to 
prepare  a  petition  for  a  royal  charter.  Governor  Winthrop,  to  whom  the  nego 
tiations  were  intrusted,  had  the  influential  support  of  Lord  Say  and  Sele  and 
the  Earl  of  Manchester;  and  in  April,  1662,  the  charter  was  granted.  The 
boundaries,  as  defined  by  the  charter,  included  New  Haven.  The  delay  of 
the  latter  colony  in  proclaiming  Charles  II.,  and  its  tender  treatment  of  the 
regicides,  had  brought  it  into  disfavor  with  the  king;  and  it  now,  under  the 
lead  of  Davenport,  resisted  annexation,  and  appealed  to  the  Commissioners  of 
the  United  Colonies.  But  the  conquest  of  New  Netherland  by  the  English, 
in  1664,  and  the  grant  to  the  Duke  of  York  of  territory  as  far  east  as  the 
Connecticut  River,  hastened  submission;  and  in  December  of  the  latter  year  a 
committee  was  appointed  to  arrange  for  the  union.  A  quo  warranto  was 
issued  against  the  Connecticut  charter  in  1684,  but  judgment  was  not  entered. 
When  Andros  demanded  the  charter,  in  1687,  it  was  secreted,  and  remained 
hidden  until  1689,  when,  upon  the  deposition  of  Andros,  government  under 
the  charter  was  resumed.  The  State  constitution  of  1776  continued  the 
charter  in  force,  with  a  few  changes,  and  it  remained  the  fundamental  law  of 
Connecticut  until  the  adoption  of  a  new  constitution  in  1818. 

REFERENCES. —  Text  in  Connecticut  Colonial  Records,  II.,  3-11.  Win- 
throp's  instructions,  the  address  to  the  King,  and  the  letter  to  the  Earl  of 
Manchester,  are  in  ib.,  I.,  579-585.  For  the  proceedings  in  New  Haven, 
see  the  New  Haven  Colonial  Records,  1653—1665,  passim.  See  also  Bowen's 
Boundary  Disputes  of  Connecticut;  TrumbulPs  Connecticut,  I.,  chap.  12; 
Doyle's  Puritan  Colonies,  II.,  154—162. 

Charles  tfje  Sfeconti,  [&c.]  Whereas,  by  the  severall  Naviga 
tions,  discoveryes  and  successfull  Plantations  of  diverse  of  our 
loveing  Subjects  of  this  our  Realme  of  England,  Severall  Lands, 
Islands,  Places,  Colonies  and  Plantations  have  byn  obtayned  and 
setled  in  that  parte  of  the  Continent  of  America  called  New  Eng 
land,  and  thereby  the  Trade  and  Comerce  there  hath  byn  of  late 
yeares  much  increased,  And  whereas,  We  have  byn  informed  by 
the  humble  Petition  of  our  Trusty  and  welbeloved  John  Winthrop, 
John  Mason,  Samuell  Willis,  Henry  Clerke,  Mathew  Allen,  John 
Tappen,  Nathan  Gold,  Richard  Treate,  Richard  Lord,  Henry 
Woolicot,  John  Talcott,  Daniell  Clerke,  John  Ogden,  Thomas 
Wells,  Obedias  Brewen,  John  Clerke,  Anthony  Haukins,  John 
Deming,  and  Mathew  Camfeild,  being  Persons  Principally  inter 
ested  in  our  Colony  or  Plantation  of  Conecticutt  in  New  England, 
that  the  same  Colony  or  the  greatest  parte  thereof  was  purchased 


1662]  CHARTER  OF  CONNECTICUT 

and  obteyned  for  greate  and  valuable  considerations,  And  some 
other  parte  thereof  gained  by  Conquest  and  with  much  difficulty, 
and  att  the  onely  endeavours,  expence  and  Charge  of  them  and 
their  Associates,  and  those  under  whome  they  Clayme,  Subdued 
and  improved,  and  thereby  become  a  considerable  enlargement 
and  addition  of  our  Dominions  and  interest  there, —  Now  Know 
yea,  that  in  Consideration  thereof,  and  in  regard  the  said  Colony 
is  remote  from  other  the  English  Plantations  in  the  Places  afore 
said,  And  to  the  end  the  Affaires  and  Busines  which  shall  from 
tyme  to  tyme  happen  or  arise  concerning  the  same  may  bee  duely 
Ordered  and  managed,  Wee  have  thought  fitt,  and  att  the  humble 
Petition  of  the  Persons  aforesaid,  and  are  graciously  pleased  to 
Create  and  Make  them  a  Body  Pollitique  and  Corporate,  with 
the  powers  and  Priviledges  herein  after  mentioned;  And  accord 
ingly  wee  ...  by  theis  presents  .  .  .  Doe  Ordeine,  Constitute 
and  Declare  That  they,  the  said  John  Winthrop  .  .  .  [and  others] 
.  .  .  ,  and  all  such  others  as  now  are  or  hereafter  shall  bee  Ad 
mitted  and  made  free  of  the  Company  and  Society  of  our  Collony 
of  Conecticut  in  America,  shall  .  .  .  bee  one  Body  Corporate  and 
Pollitique  in  fact  and  name,  by  the  Name  of  Governour  and 
Company  of  the  English  Collony  of  Conecticut  in  New  England 
in  America;  .  .  .  And  further,  wee  .  .  .  Doe  Declare  and  ap 
point,  that  for  the  better  ordering  and  manageing  of  the  affaires 
and  businesse  of  the  said  Company  and  their  Successors,  there 
shall  be  one  Governour,  one  Deputy  Governour  and  Twelve 
Assistants,  to  bee  from  tyme  to  tyme  Constituted,  Elected  and 
Chosen  out  of  the  Freemen  of  the  said  Company  for  the  tyme 
being,  in  such  manner  and  forme  as  hereafter  in  these  presents 
is  expressed;  which  said  Officers  shall  apply  themselves  to  take 
care  for  the  best  disposeing  and  Ordering  of  the  Generall  busines 
and  affaires  of  and  concerning  the  lands  and  hereditaments  herein 
after  mentioned  to  bee  graunted,  and  the  Plantation  thereof  and 
the  Government  of  the  People  thereof.  And  .  .  .  Wee  doe  .  .  . 
Constitute  and  appoint  the  aforesaid  John  Winthrop  to  bee  the 
first  and  present  Governour  of  the  said  Company;  And  the  said 
John  Mason  to  bee  the  Deputy  Governour;  And  the  said  Samuell 
Willis,  Mathew  Allen,  Nathan  Gold,  Henry  Clerke,  Richard 
Treat,  John  Ogden,  Thomas  Tappen,  John  Talcott,  Thomas 
Wells,  Henry  Woolcot,  Richard  Lord  and  Daniell  Clerke  to  bee 
the  Twelve  present  Assistants  of  the  said  Company;  to  contynue 


Il8  CHARTER  OF   CONNECTICUT         [April  23/May  3 

in  the  said  severall  Offices  respectively  untill  the  second  Thurs 
day  which  shall  bee  in  the  Moneth  of  October  now  next  comeing. 
And  further,  wee  .  .  .  Doe  Ordaine  and  Graunt  that  the  Governour 
of  the  said  Company  for  the  tyme  being,  or,  in  his  absence  by 
occasion  of  sicknes,  or  otherwise  by  his  leave  or  permission,  the 
Deputy  Governour  for  the  tyme  being,  shall  and  may  from  tyme 
to  tyme  upon  all  occasions  give  Order  for  the  assembling  of  the 
said  Company  and  calling  them  together  to  Consult  and  advise 
of  the  businesse  and  Affaires  of  the  said  Company,  And  that  for 
ever  hereafter,  Twice  in  every  yeare,  (That  is  to  say,)  on  every 
second  Thursday  in  October  and  on  every  second  Thursday  in 
May,  or  oftener,  in  Case  it  shall  be  requisite,  The  Assistants  and 
freemen  of  the  said  Company,  or  such  of  them  (not  exceeding 
twoe  Persons  from  each  place,  Towne  or  Citty)  whoe  shall  bee 
from  tyme  to  tyme  thereunto  Elected  or  Deputed  by  the  major 
parte  of  the  freemen  of  the  respective  Townes,  Cittyes  and  Places 
for  which  they  shall  bee  soe  elected  or  Deputed,  shall  have  a 
generall  meeting  or  Assembly,  then  and  their  to  Consult  and 
advise  in  and  about  the  Affaires  and  businesse  of  the  said  Com 
pany;  And  that  the  Governour,  or  ...  Deputy  Governour  .  .  .  , 
and  such  of  the  Assistants  and  freemen  of  the  said  Company  as 
shall  be  soe  Elected  or  Deputed  and  bee  present  att  such  meeting 
or  Assembly,  or  the  greatest  number  of  them,  whereof  the  Gov 
ernour  or  Deputy  Governour  and  Six  of  the  Assistants,  at  least, 
to  bee  Seaven,  shall  be  called  the  Generall  Assembly,  and  shall 
have  full  power  and  authority  to  alter  and  change  their  dayes  and 
tymes  of  meeting  or  Generall  Assemblies  for  Electing  the  Gov 
ernour,  Deputy  Governour  and  Assistants  or  other  Officers,  or 
any  other  Courts,  Assemblies  or  meetings,  and  to  Choose,  Nomi 
nate  and  appoint  such  and  soe  many  other  Persons  as  they  shall 
thinke  fitt  and  shall  bee  willing  to  accept  the  same,  to  bee  free 
of  the  said  Company  and  Body  Politique,  and  them  into  the  same 
to  Admitt  and  to  Elect,  and  Constitute  such  Officers  as  they  shall 
thinke  fitt  and  requisite  for  the  Ordering,  mannageing  and  dis- 
poseing  of  the  Affaires  of  the  said  Governour  and  Company  and 
their  Successors.  And  wee  doe  hereby  .  .  .  Establish  and  Or- 
deine,  that  once  in  the  yeare  .  .  .  ,  namely,  the  said  Second 
Thursday  in  May,  the  Governour,  Deputy  Governour  and  Assist 
ants  of  the  said  Company  and  other  Officers  of  the  said  Company, 
or  such  of  them  as  the  said  Generall  Assembly  shall  thinke  fitt, 


1662]  EXPLANATORY  NAVIGATION  ACT  119 

shall  bee,  in  the  said  Generall  Court  and  Assembly  to  bee  held 
from  that  day  or  tyme,  newly  Chosen  for  the  yeare  ensuing,  by 
such  greater  part  of  the  said  Company  for  the  tyme  being  then 
and  there  present.  .  .  .  And  Knowe  yee  further,  That  Wee 
.  .  .  Doe  give,  Graunt  and  Confirme  unto  the  said  Governor  and 
Company  and  their  Successors,  All  that  parte  of  our  Dominions 
in  Nevve  England  in  America  bounded  on  the  East  by  Norrogan- 
cett  River,  comonly  called  Norrogancett  Bay,  where  the  said 
River  falleth  into  the  Sea,  and  on  the  North  by  the  lyne  of  the 
Massachusetts  Plantation,  and  on  the  South  by  the  Sea,  and  in 
longitude  as  the  lyne  of  the  Massachusetts  Colony,  runinge  from 
East  to  West,  (that  is  to  say,)  from  the  said  Narrogancett  Bay  on 
the  East  to  the  South  Sea  on  the  West  parte,  with  the  Islands 
thereunto  adjoyneinge.  .  .  . 


No.  25.    Explanatory  Navigation  Act 
1662 

QUESTION  having  arisen  in  regard  to  the  definition  of  English  built  ships 
and  English  mariners,  under  the  act  of  1660,  these  terms  were  further  defined 
by  a  section  of  the  act  of  1662.  Only  the  section  in  question  is  here  given. 

REFERENCES. —  Text  in  Statutes  of  the  Realm,  V.,  394,  395.  The  act  is 
cited  as  14  Car.  II.,  c.  n. 

AN  ACT  for  preventing  Frauds  and  regulating  Abuses  in  His 
Majesties  Customes. 

[Sec.  V.]  .  .  .*  And  that  no  Forreign  built  Ship  (that  is  to 
say)  not  built  in  any  of  His  Majesties  Dominions  of  Asia  Africa 
or  America  or  other  then  such  as  shall  (bona  fide)  be  bought 
before  the  First  of  October  One  thousand  six  hundred  sixty  and 
two  next  ensuing  and  expresly  named  in  the  said  List  shall  enjoye 
the  priviledge  of  a  Ship  belonging  to  England  or  Ireland  although 
owned  or  manned  by  English  (except  such  Ships  only  as  shall  be 
taken  at  Sea  by  Letters  of  Mart  or  Reprizal  and  Condemnation 
made  in  the  Court  of  Admiralty  as  lawfull  Prize)  but  all  such 
Ships  shall  be  deemed  as  Aliens  Ships  and  be  liable  unto  all 
Duties  that  Aliens  Ships  are  liable  unto  by  vertue  of  the  said  Act 

*  The  omitted  part  of  the  section  requires  Collectors  of  Customs  to  transmit  to 
the  Court  of  Exchequer  lists  of  foreign-built  ships,  English  owned. 


I2O  FIRST  CHARTER   OF  CAROLINA     [March  24/April  3 

for  encrease  of  Shipping  and  Navigation  And  whereas  it  is  re 
quired  by  the  said  Act  that  in  sundry  cases  the  Master  and  three 
fourths  of  the  Mariners  are  to  be  English  it  is  to  be  understood 
that  any  of  His  Majesties  Subjects  of  England  Ireland  and  His 
Plantations  are  to  bee  accounted  English  and  no  others  and  that 
the  number  of  Mariners  be  accounted  according  to  what  they 
shall  have  been  during  the  whole  Voyage. 


No.  26.    First  Charter  of  Carolina 

March  24/April  3,  1662/3 

THE  region  later  known  as  Carolina  had  been  included  in  the  original 
Virginia  grant  of  1606;  but  no  permanent  settlements  had  been  made,  and 
on  the  revocation  of  the  third  Virginia  charter,  in  1624,  the  territory  became 
subject  to  the  disposal  of  the  Crown.  In  1629,  Sir  Robert  Heath,  then 
attorney-general,  received  from  Charles  I.  a  grant  of  the  region  south  of 
Virginia,  between  31°  and  36°  north  latitude,  under  the  name  of  Carolana; 
but  no  use  was  made  of  the  grant,  and  no  further  attempt  was  made  to 
develop  the  country  until  the  grant  of  a  charter  to  Clarendon  and  his  associ 
ates,  in  March,  1662/3.  An  order  in  council  of  Aug.  12/22,  1663,  declared 
the  Heath  patent  void  for  non-user;  but  claims  under  it  continued  to  be 
urged  until  1768,  when  the  descendants  of  Daniel  Coxe,  of  New  Jersey,  to 
whom  the  patent  had  been  transferred  in  1696,  received  from  the  Crown  a 
grant  of  100,000  acres  of  land  in  New  York  in  satisfaction  of  their  claim. 

REFERENCES. —  Text  in  Statutes  at  Large  of  South  Carolina  (Cooper's  ed., 
1836),  I.,  22-31.  The  Heath  grant  is  in  Colonial  Records  of  North  Carolina, 
I.,  1-13.  For  the  documentary  sources  see,  beside  the  Records,  Carroll's 
Historical  Collections  of  South  Carolina;  Sainsbury's  Calendar  of  State 
Papers,  Colonial,  V.,  VI.  On  the  early  history  of  South  Carolina,  McCrady's 
History  of  South  Carolina  under  the  Proprietary  Government  is  of  prime 
importance;  see  also  Rivers's  Sketch  of  the  History  of  South  Carolina; 
Whitney's  Government  in  the  Colony  of  South  Carolina,  in  Johns  Hopkins 
Univ.  Studies,  XIII.,  Nos.  I  and  2.  On  North  Carolina  see  Hawks's  History 
of  North  Carolina,  II.;  Bassett's  Constitutional  Beginnings  North  Carolina, 
in  Johns  Hopkins  Univ.  Studies,  XII.,  No.  3. 

CHARLES  THE   SECOND,    [&c.].  .  .  . 

i st.  WHEREAS  our  right  trusty,  and  right  well  beloved  Cousins 
and  Counsellors,  Edward,  Earl  of  Clarendon,  our  high  Chan 
cellor  of  England,  and  George,  Duke  of  Albemarle,  Master  of 
our  horse  and  Captain  General  of  all  our  Forces,  our  right  trusty 


1662/3]  FIRST   CHARTER  OF  CAROLINA  12 1 

and  well  beloved  William  Lord  Craven,  John  Lord  Berkley,  our 
right  trusty  and  well  beloved  Counsellor,  Anthony  Lord  Ashley, 
Chancellor  of  our  Exchequer,  Sir  George  Carteret,  Knt.  and 
Baronet,  Vice  Chamberlain  of  our  household,  and  our  trusty  and 
well  beloved  Sir  William  Berkley,  Knt.  and  Sir  John  Colleton, 
Knight  and  Baronet,  being  excited  with  a  laudable  and  pious 
zeal  for  the  Propagation  of  the  Christian  Faith,  and  the  Enlarge 
ment  of  our  Empire  and  Dominions,  have  humbly  besought  leave 
of  us  by  their  industry  and  charge,  to  transport  and  make  an 
ample  Colony  of  our  subjects,  natives  of  our  Kingdom  of  Eng 
land,  and  elsewhere  within  our  Dominions,  unto  a  certain  country 
hereafter  described,  in  the  parts  of  America  not  yet  cultivated 
or  planted,  and  only  inhabited  by  some  barbarous  people,  who 
have  no  knowledge  of  Almighty  God. 

2d.  And  whereas  the  said  Edward,  Earl  of  Clarendon,  .  .  . 
[and  others]  .  .  .  have  humbly  besought  us  to  give,  grant  and 
confirm  unto  them  and  their  heirs,  the  said  country,  with  Privi- 
ledges  and  Jurisdictions  requisite  for  the  good  government  and 
safety  thereof :  KNOW  YE,  therefore,  that  we,  favouring  the  pious 
and  noble  purpose  of  the  said  Edward  Earl  of  Clarendon  .  .  . 
[and  others]  ...  by  this  our  present  Charter  ...  do  Give,  Grant 
and  Confirm  unto  the  said  Edward  Earl  of  Clarendon  .  .  .  [and 
others]  ...  all  that  territory  or  tract  of  ground,  scituate,  lying 
and  being  within  our  dominions  of  America,  extending  from  the 
North  end  of  the  Island  called  Lucke-Island,  which  lieth  in  the 
Southern  Virginia  Seas,  and  within  six  and  thirty  degres  of 
the  Northern  Latitude,  and  to  the  West  as  far  as  the  South  Seas, 
and  so  Southerly  as  far  as  the  river  St.  Matthias,  which  bordereth 
upon  the  coast  of  Florida,  and  within  one  and  thirty  degrees  of 
Northern  Latitude,  and  so  west  in  a  direct  line  as  far  as  the  South 
seas  aforesaid.  .  .  . 

3d.  And  furthermore,  the  Patronage  and  Advowsons  of  all  the 
Churches  and  Chapels,  which  as  Christian  Religion  shall  increase 
within  the  Country  .  .  .  shall  happen  hereafter  to  be  erected, 
together  with  license  and  power  to  build  and  found  Churches, 
Chappels  and  Oratories,  in  convenient  and  fit  places,  within  the 
said  bounds  and  limits,  and  to  cause  them  to  be  dedicated  and 
consecrated  according  to  the  Ecclesiastical  laws  of  our  Kingdom 
of  England,  together  with  all  and  singular  the  like,  and  as  ample 
Rights,  Jurisdictions,  Priviledges,  Prerogatives,  Royalties,  Liber- 


122  FIRST  CHARTER   OF   CAROLINA     [March  247 April  3 

ties,  Immunities  and  Franchises  of  what  kind  soever,  within  the 
Countries,  Isles,  Islets,  and  Limits  aforesaid. 

4th.  To  have,  use,  exercise  and  enjoy,  and  in  as  ample  manner 
as  any  Bishop  of  Durham  in  our  Kingdom  of  England,  ever  here 
tofore  have  held,  used  or  enjoyed,  or  of  right  ought  or  could 
have,  use,  or  enjoy.  And  them,  the  said  Edward  Earl  of  Claren 
don  .  .  .  [and  others]  .  .  .  their  heirs  and  assigns,  We  do  by  these 
Presents  .  .  .  make,  create  and  constitute,  the  true  and  Absolute 
Lords  Proprietors  of  the  Country  aforesaid,  and  of  all  other  the 
premises;  saving  always  the  faith,  allegiance  and  sovereign 
dominion  due  to  us  ...  for  the  same,  and  saving  also  the  right, 
title,  and  interest  of  all  and  every  our  subjects  of  the  English 
nation,  which  are  now  planted  within  the  limits  and  bounds 
aforesaid,  (if  any  be),  .  .  .  yielding  and  paying  yearly  to  us, 
our  heirs  and  successors,  for  the  same,  the  yearly  rent  of  twenty 
marks  of  lawful  money  of  England,  at  the  feast  of  All  Saints, 
yearly  forever,  the  first  payment  thereof  to  begin  and  to  be  made 
on  the  feast  of  All  Saints,  which  shall  be  in  the  year  of  our  Lord 
one  thousand  six  hundred  and  sixty-five,  and  also  the  fourth  part 
of  all  gold  or  silver  ore,  which,  within  the  limits  aforesaid,  shall 
from  time  to  time  happen  to  be  found. 

5th.  And  that  the  country,  thus  by  us  granted  and  described, 
may  be  dignified  by  us  with  as  large  Titles  and  Priviledges  as  any 
other  part  of  our  Dominions  and  territories  in  that  region,  Know 
ye,  that  we  ...  do  ...  erect,  incorporate  and  ordain  the  same 
into  a  Province,  and  call  it  the  Province  of  Carolina  .  .  .  (and 
forasmuch  as  we  have  hereby  made  and  ordained  the  aforesaid 
Edward,  Earl  of  Clarendon  .  .  .  [and  others]  ...  the  true  Lords 
and  Proprietors  of  all  the  Province  aforesaid;  Know  ye,  therefore 
moreover,  that  we  ...  do  grant  full  and  absolute  power  by  virtue 
of  these  presents,  to  them  ...  for  the  good  and  happy  Government 
of  the  said  Province,  to  ordain,  make,  enact,  and  under  their 
seals  to  publish  any  laws  whatsoever,  either  appertaining  to  the 
publick  state  of  the  said  Province,  or  to  the  private  utility  of 
particular  persons,  according  to  their  best  discretion,  of  and 
with  the  advice,  assent  and  approbation  of  the  Freemen  of  the 
said  Province,  or  of  the  greater  part  of  them,  or  of  their  Delegates 
or  Deputies,  whom  for  enacting  of  the  said  laws,  when  and  as 
often  as  need  shall  require,  we  will  that  the  said  Edward,  Earl 
of  Clarendon  .  .  .  [and  others]  .  .  .  shall  from  time  to  time  assem- 


1662/3]  FIRST  CHARTER  OF  CAROLINA  123 

ble  in  such  manner  and  form  as  to  them  shall  seem  best,  and  the 
same  laws  duly  to  execute  upon  all  people  within  the  said  Prov 
ince  and  limits  thereof.  .  .  . 

6th.  And  because  such  assemblies  of  freeholders  cannot  be  so 
conveniently  called,  as  there  may  be  occasion  to  require  the 
same,  we  do,  therefore,  by  these  presents,  give  and  grant  unto 
the  said  Edward,  Earl  of  Clarendon  .  .  .  [and  others]  ...  by 
themselves  or  their  magistrates,  in  that  behalf  lawfully  authorized, 
full  power  and  authority,  from  time  to  time  to  make  and  ordain 
fit  and  wholesome  Orders  and  Ordinances,  within  the  Province 
aforesaid,  to  be  kept  and  observed  as  well  for  the  keeping  of  the 
peace,  as  for  the  better  government  of  the  people  there  abiding, 
and  to  publish  the  same  to  all  to  whom  it  may  concern;  which 
ordinances,  we  do  by  these  presents  streightly  charge  and  com 
mand  to  be  inviolably  observed  within  the  said  Province,  under 
the  penalties  therein  expressed,  so  as  such  Ordinances  be  reason 
able,  and  not  repugnant  or  contrary,  but  as  near  as  may  be, 
agreeable  to  the  laws  and  statutes  of  this  our  Kingdom  of  Eng 
land,  and  so  as  the  same  ordinances  do  not  extend  to  the  binding, 
charging,  or  taking  away  of  the  right  or  interest  of  any  person  or 
persons,  in  their  freehold,  goods  or  chattels  whatsoever. 

*********** 

9th.  Provided  nevertheless,  .  .  .  and  we  ...  by  these  presents 
...  do  give  and  grant  unto  the  said  Edward  Earl  of  Clarendon 
.  .  .  [and  others]  .  .  .  ,  full  and  free  license,  liberty,  and  author 
ity,  at  any  time  or  times,  from  and  after  the  feast  of  St.  Michael 
the  Arch-Angel,  which  shall  be  in  the  year  of  our  Lord  Christ, 
one  thousand,  six  hundred,  sixty  and  seven,  as  well  to  import, 
and  bring  into  any  of  our  Dominions  from  the  said  Province  of 
Carolina,  or  any  part  thereof,  the  several  goods  and  commodities, 
hereinafter  mentioned,  that  is  to  say,  silks,  wines,  currants, 
raisins,  capers,  wax,  almonds,  oyl,  and  olives,  without  paying  or 
answering  to  us  ...  any  custom,  import,  or  other  duty,  for  and 
in  respect  thereof  for  and  during  the  term  and  space  of  seven 
years,  to  commence  and  be  accompted,  from  and  after  the  first 
importation  of  four  tons  of  any  the  said  goods,  in  any  one  bot 
tom,  ship  or  vessel  from  the  said  Province,  into  any  of  our 
Dominions;  as  also  to  export  and  carry  out  of  any  of  our  Do 
minions,  into  the  said  Province  of  Carolina,  custom  free,  all 
sorts  of  tools  which  shall  be  usefull  or  necessary  for  the  planters 


124  FIRST  CHARTER   OF   CAROLINA     [March  247 April  3 

there,  in  the  accommodation  and  improvement  of  the  premises, 
any  thing  before,  in  these  presents  contained,  or  any  law,  act, 
statute,  prohibition,  or  other  matter,  or  anything  heretofore  had, 
made,  enacted  or  provided,  or  hereafter  to  be  had,  made,  enacted 
for  provided  to  the  contrary,  in  any  wise  notwithstanding. 
###*#*****# 

1 3th.  And  because  many  persons  born,  or  inhabiting  in  the 
said  Province,  for  their  deserts  and  services,  may  expect  and  be 
capable  of  marks  of  honour  and  favour,  which,  in  respect  of  the 
great  distance,  cannot  be  conveniently  conferred  by  us;  .  .  .  we 
do  ...  give  and  grant  unto  the  said  Edward  Earl  of  Clarendon 
.  .  .  [and  others]  .  .  .  full  power  and  authority,  to  give  and  con 
fer,  unto  and  upon,  such  of  the  inhabitants  of  the  said  Province, 
as  they  shall  think  do,  or  shall  merit  the  same,  such  marks  of 
favour  and  titles  of  honour  as  they  shall  think  fit,  so  as  these 
titles  of  honour  be  not  the  same  as  are  enjoyed  by,  or  conferred 
upon  any  the  subjects  of  this  our  Kingdom  of  England. 

1 4th.  And  further  also,  we  do  by  these  presents,  .  .  .  give  and 
grant  license  to  them  .  .  .  full  power,  liberty  and  license  to  erect, 
raise  and  build  within  the  said  Province  and  places  aforesaid,  or 
any  part  or  parts  thereof,  such  and  so  many  forts,  fortresses,  cas 
tles,  cities,  buroughs,  towns,  villages  and  other  fortifications 
whatsoever,  and  the  same  or  any  of  them  to  fortify  .  .  .  and  also 
to  place,  constitute  and  appoint  in  and  over  all  or  any  of  the 
castles,  forts,  fortifications,  cities,  towns  and  places  aforesaid, 
governors,  deputy  governors,  magistrates,  sheriffs  and  other  offi 
cers,  civil  and  military,  as  to  them  shall  seem  meet,  and  to  the 
said  cities,  buroughs,  towns,  villages,  or  any  other  place,  or 
places  within  the  said  Province,  to  grant  "  letters  or  charters  of 
incorporation,"  with  all  liberties,  franchises  and  priviledges, 
requisite  and  usefull,  or  to  or  within  any  corporations,  within 
this  our  Kingdom  of  England,  granted  or  belonging;  and  in  the 
same  cities,  buroughs,  towns  and  other  places,  to  constitute, 
erect  and  appoint  such  and  so  many  markets,  marts  and  fairs,  as 
shall  in  that  behalf  be  thought  fit  and  necessary;  and  further  also 
to  erect  and  make  in  the  Province  aforesaid,  or  any  part  thereof,  so 
many  manners,  as  to  them  shall  seem  meet  and  convenient.  .  .  . 
*********** 

1 8th.  And  because  it  may  happen  that  some  of  the  people  and 
inhabitants  of  the  said  Province,  cannot  in  their  private  opinions, 


1662/3]  CHARTER  OF  RHODE  ISLAND  125 

conform  to  the  publick  exercise  of  religion,  according  to  the 
liturgy  form  and  ceremonies  of  the  Church  of  England,  or  take 
and  subscribe  the  oath  and  articles,  made  and  established  in  that 
behalf,  and  for  that  the  same,  by  reason  of  the  remote  distances 
of  these  places,  will,  we  hope,  be  no  breach  of  the  unity  and 
uniformity  established  in  this  nation;  our  will  and  pleasure  there 
fore  is,  and  we  do  by  these  presents  .  .  .  give  and  grant  unto  the 
said  Edward,  Earl  of  Clarendon  .  .  .  [and  others]  .  .  .  full  and 
free  license,  liberty  and  authority,  by  such  legal  ways  and  means 
as  they  shall  think  fit,  to  give  and  grant  unto  such  person  or  per 
sons,  inhabiting  and  being  within  the  said  Province,  or  any  part 
thereof,  who  really  in  their  judgments,  and  for  conscience  sake, 
cannot  or  shall  not  conform  to  the  said  liturgy  and  ceremonies, 
and  take  and  subscribe  the  oaths  and  articles  aforesaid,  or  any  of 
them,  such  indulgencies  and  dispensations  in  that  behalf,  for  and 
during  such  time  and  times,  and  with  such  limitations  and  re 
strictions  as  they  .  .  .  shall  in  their  discretion  think  fit  and 
reasonable;  and  with  this  express  proviso,  and  limitation  also, 
that  such  person  and  persons,  to  whom  such  indulgencies  and 
dispensations  shall  be  granted  as  aforesaid,  do  and  shall,  from 
time  to  time  declare  and  continue,  all  fidelity,  loyalty  and  obedi 
ence  to  us,  our  heirs  and  successors,  and  be  subject  and  obedient 
to  all  other  the  laws,  ordinances,  and  constitutions  of  the  said 
Province,  in  all  matters  whatsoever,  as  well  ecclesiastical  as  civil, 
and  do  not  in  any  wise  disturb  the  peace  and  safety  thereof,  or 
scandalize  or  reproach  the  said  liturgy,  forms,  and  ceremonies, 
or  any  thing  relating  thereunto,  or  any  person  or  persons  whatso 
ever,  for  or  in  respect  of  his  or  their  use  or  exercise  thereof,  or 
his  or  their  obedience  and  conformity,  thereunto. 


No.  27.    Charter  of   Rhode  Island  and 
Providence  Plantations 

July  8/18,   1663 

IN  January,  1661,  John  Clarke,  sometime  agent  of  Rhode  Island  in 
England,  presented  a  petition  for  a  royal  charter  for  that  colony.  The 
promptness  of  Rhode  Island  in  proclaiming  Charles  II.,  and  the  willingness 
of  the  king  to  restrain  the  ambitions  of  Massachusetts,  caused  the  petition  to 


126  CHARTER  OF   RHODE  ISLAND  [July  8/18 

be  favorably  regarded.  The  charter  of  Connecticut,  however,  in  1662,  included 
within  the  limits  of  that  colony  certain  territory  on  Narragansett  Bay  long  in 
dispute  between  Massachusetts  and  Rhode  Island,  and  now  held  by  the 
Atherton  Company,  a  land-speculating  organization  of  which  Winthrop  was  a 
member.  An  effort  on  the  part  of  Rhode  Island,  in  1660,  to  come  to  terms 
with  this  company  had  been  unsuccessful.  Clarke  entered  a  protest  against 
the  Connecticut  grant;  but,  by  agreement  with  Winthrop,  the  controversy 
was  presently  referred  to  arbitrators.  The  decision,  in  April,  1663,  was  favor 
able  to  Rhode  Island,  and  in  July  the  charter  was  issued.  With  the  exception 
of  the  brief  period  of  Andros's  administration,  1686-1689,  during  which  the 
government  was  carried  on  by  the  towns,  the  charter  continued  to  be  the 
fundamental  law  of  Rhode  Island  until  the  adoption  of  a  State  constitution  in 
1842. 

REFERENCES. —  Text  in  Rhode  Island  Colonial  Records,  II.,  3-21.  See 
Doyle's  Puritan  Colonies,  I.,  357-365,  and  references  under  No.  18,  ante. 

Cfjarles  tfje  Second,  [&c.]  .  .  .  :  OTjereas  foee  have  been  in 
formed,  by  the  humble  petition  of  our  trustie  and  well  beloved 
subject,  John  Clarke,  on  the  behalfe  of  Benjamine  Arnold,  Will 
iam  Brenton,  William  Codington,  Nicholas  Easton,  William 
Boulston,  John  Porter,  John  Smith,  Samuell  Groton,  John  Weeks, 
Roger  Williams,  Thomas  Olnie,  Gregorie  Dexter,  John  Cogeshall, 
Joseph  Clarke,  Randall  Holden,  John  Greene,  John  Roome, 
Samuell  Wildbore,  William  Ffield,  James  Barker,  Richard  Tew, 
Thomas  Harris,  and  William  Dyre,  and  the  rest  of  the  purchasers 
and  ffree  inhabitants  of  our  island,  called  t£U)0tie=3!slanti,  and  the 
rest  of  the  colonie  of  Providence  Plantations,  in  the  Narragansett 
Bay,  in  New-England,  in  America,  that  they,  pursueing,  with 
peaceable  and  loyall  mindes,  their  sober,  serious  and  religious 
intentions,  of  godlie  edifieing  themselves,  and  one  another,  in 
the  holie  Christian  ffaith  and  worshipp  as  they  were  perswaded: 
together  with  the  gaineing  over  and  conversione  of  the  poore 
ignorant  Indian  natives,  in  those  partes  of  America,  to  the  sincere 
professione  and  obedienc  of  the  same  ffaith  and  worship,  did, 
not  onlie  by  the  consent  and  good  encouragement  of  our  royall 
progenitors,  transport  themselves  out  of  this  kingdome  of  Eng 
land  into  America,  but  alsoe,  since  their  arrivall  there,  after  their 
first  settlement  amongst  other  our  subjects  in  those  parts,  ffor 
the  avoideing  of  discorde,  and  those  manie  evills  which  were 
likely  to  ensue  upon  some  of  those  oure  subjects  not  beinge  able 
to  beare,  in  these  remote  partes,  theire  different  apprehensiones 
in  religious  concernments,  and  in  pursueance  of  the  afforesayd 


1663]  CHARTER  OF   RHODE  ISLAND  I2/ 

ends,  did  once  againe  leave  theire  desireable  stationes  and  habi- 
tationes,  and  with  excessive  labor  and  travell,  hazard  and  charge, 
did  transplant  themselves  into  the  middest  of  the  Indian  natives, 
who,  as  wee  are  infformed,  are  the  most  potent  princes  and  people 
of  all  that  country;  where,  by  the  good  Providence  of  God,  from 
whome  the  Plantationes  have  taken  their  name,  upon  theire 
labour  and  Industrie,  they  have  not  onlie  byn  preserved  to  ad 
miration,  but  have  increased  and  prospered,  and  are  seized  and 
possessed,  by  purchase  and  consent  of  the  said  natives,  to  their 
ffull  content,  of  such  lands,  islands,  rivers,  harbours  and  roades, 
as  are  verie  convenient,  both  for  plantationes  and  alsoe  for  build- 
inge  of  shipps,  suplye  of  pype-staves,  and  other  merchandize; 
and  which  lyes  verie  commodious,  in  manie  respects,  for  com 
merce,  and  to  accommodate  oure  southern  plantationes,  and  may 
much  advance  the  trade  of  this  oure  realme,  and  greatlie  enlarge 
the  territories  thereof;  they  haveinge,  by  neare  neighbourhood 
to  and  friendlie  societie  with  the  greate  bodie  of  the  Narragansett 
Indians,  given  them  encouragement,  of  theire  owne  accorde,  to 
subject  themselves,  theire  people  and  landes,  unto  us;  whereby, 
as  is  hoped,  there  may,  in  due  tyme,  by  the  blessing  of  God  upon 
theire  endeavours,  bee  layd  a  sure  ffoundation  of  happinesse  to 
all  America :  ^Inti  tofjereas,  in  theire  humble  addresse,  they  have 
ffreely  declared,  that  it  is  much  on  their  hearts  (if  they  may  be 
permitted),  to  hold  forth  a  livelie  experiment,  that  a  most  flour 
ishing  civill  state  may  stand  and  best  bee  maintained,  and  that 
among  our  English  subjects,  with  a  full  libertie  in  religious  con- 
ccrnements;  and  that  true  pietye  rightly  grounded  upon  gospell 
principles,  will  give  the  best  and  greatest  security  to  sover- 
eignetye,  and  will  lay  in  the  hearts  of  men  the  strongest  obliga 
tions  to  true  loyaltye  :  jSTofo  knofo  gee,  that  wee  beinge  willinge  to 
encourage  the  hopefull  undertakeinge  of  oure  sayd  loyall  and 
loveinge  subjects,  and  to  secure  them  in  the  free  exercise  and 
enjoyment  of  all  theire  civill  and  religious  rights,  appertaining 
to  them,  as  our  loveing  subjects;  and  to  preserve  unto  them  that 
libertye,  in  the  true  Christian  ffaith  and  worshipp  of  God,  which 
they  have  sought  with  soe  much  travaill,  and  with  peaceable 
myndes,  and  loyall  subjectione  to  our  royall  progenitors  and  our 
selves,  to  enjoye;  and  because  some  of  the  people  and  inhabi 
tants  of  the  same  colonie  cannot,  in  theire  private  opinions, 
conforme  to  the  publique  exercise  of  religion,  according  to  the 


!28  CHARTER  OF  RHODE  ISLAND  [July  8/18 

litturgy,  formes  and  ceremonyes  of  the  Church  of  England,  or 
take  or  subscribe  the  oaths  and  articles  made  and  established  in 
that  behalf  e;  and  for  that  the  same,  by  reason  of  the  remote  dis 
tances  of  those  places,  will  (as  wee  hope)  bee  noe  breach  of  the 
unitie  and  unifformitie  established  in  this  nation :  Have  therefore 
thought  ffit,  and  doe  hereby  publish,  graunt,  ordeyne  and  declare, 
That  our  royall  will  and  pleasure  is,  that  noe  person  within  the 
sayd  colonye,  at  any  tyme  hereafter,  shall  bee  any  wise  molested, 
punished,  disquieted,  or  called  in  question,  for  any  differences 
in  opinione  in  matters  of  religion,  and  doe  not  actually  disturb 
the  civill  peace  of  our  sayd  colony;  but  that  all  and  everye  person 
and  persons  may,  from  tyme  to  tyme,  and  at  all  tymes  hereafter, 
freelye  and  fullye  have  and  enjoye  his  and  theire  owne  judgments 
and  consciences,  in  matters  of  religious  concernments,  through 
out  the  tract  of  lande  hereafter  mentioned;  they  behaving  them 
selves  peaceablie  and  quietlie,  and  not  useing  this  libertie  to 
lycentiousnesse  and  profanenesse,  nor  to  the  civill  injurye  or 
outward  disturbeance  of  others;  any  lawe,  statute,  or  clause, 
therein  contayned,  or  to  bee  contayned,  usage  or  custome  of  this 
realme,  to  the  contrary  hereof,  in  any  wise,  notwithstanding. 
And  that  they  may  bee  in  the  better  capacity  to  defend  them 
selves,  in  theire  just  rights  and  libertyes  against  all  the  enemies 
of  the  Christian  ffaith,  and  others,  in  all  respects,  wee  .  .  .  further 
.  .  .  declare,  That  they  shall  have  and  enjoye  the  benefitt  of  our 
late  act  of  indempnity  and  ffree  pardon,  as  the  rest  of  our  sub 
jects  in  other  our  dominions  and  territoryes  have;  and  to  create 
and  make  them  a  bodye  politique  or  corporate,  with  the  powers 
and  priviledges  hereinafter  mentioned.  And  accordingely  .  .  . 
to  .  .  .  doe  ordeyne,  constitute  and  declare,  That  they,  the  sayd 
William  Brenton,  William  Codington,  Nicholas  Easton,  Benedict 
Arnold,  William  Boulston,  John  Porter,  Samuell  Gorton,  John 
Smith,  John  Weekes,  Roger  Williams,  Thomas  Olneye,  Gregorie 
Dexter,  John  Cogeshall,  Joseph  Clarke,  Randall  Holden,  John 
Greene,  John  Roome,  William  Dyre,  Samuell  Wildbore,  Rickard 
Tew,  William  Ffeild,  Thomas  Harris,  James  Barker,  -  -  Rains- 
borrow,  -  -  Williams,  and  John  Nickson,  and  all  such  others 
as  now  are,  or  hereafter  shall  bee  admitted  and  made  ffree  of  the 
company  and  societie  of  our  collonie  of  Providence  Plantations, 
in  the  Narragansett  Bay,  in  New-England,  shall  bee,  from  tyme 
to  tyme,  and  forever  hereafter,  a  bodie  corporate  and  politique, 


1 663]  CHARTER  OF  RHODE  ISLAND  1 29 

in  ffact  and  name,  by  the  name  of  Cfje  (governor  anti  Compang  of 
tfje  ISngltsf)  Collonte  of  2£f)otie=£0lanti  ano  Probiotnce  plantations, 
m  Nefo'1£niglanti,  in  America.  .  .  .  lino  furtfjer,  wee  .  .  .  doe  de 
clare  and  apoynt  that,  for  the  better  ordering  and  managing  of 
the  affaires  and  business  of  the  sayd  Company,  and  theire  suc- 
cessours,  there  shall  bee  one  Governour,  one  Deputie-Governour 
and  ten  Assistants,  to  bee  from  tyme  to  tyme,  constituted,  elected 
and  chosen,  out  of  the  freemen  of  the  sayd  Company,  for  the 
tyme  beinge,  in  such  manner  and  fforme  as  is  hereafter  in  these 
presents  expressed;  which  sayd  officers  shall  aplye  themselves  to 
take  care  for  the  best  disposeinge  and  orderinge  of  the  generall 
businesse  and  affaires  of,  and  concerneinge  the  landes  and 
hereditaments  hereinafter  mentioned,  to  be  graunted,  and  the 
plantation  thereof,  and  the  government  of  the  people  there. 
&nli  .  .  .  wee  doe  .  .  .  apoynt  the  aforesayd  Benedict  Arnold  to 
bee  the  first  and  present  Governor  of  the  sayd  Company,  and  the 
sayd  William  Brenton  to  bee  the  Deputy-Governor,  and  the  sayd 
William  Boulston,  John  Porter,  Roger  Williams,  Thomas  Olnie, 
John  Smith,  John  Greene,  John  Cogeshall,  James  Barker,  William 
Ffeild,  and  Joseph  Clarke,  to  bee  the  tenn  present  Assistants  of 
the  sayd  Companye,  to  continue  in  the  sayd  severall  offices,  re 
spectively,  until  the  first  Wednesday  which  shall  bee  in  the  month 
of  May  now  next  comeing.  ^nb  further,  wee  .  .  .  doe  ordeyne 
and  graunt,  that  the  Governor  of  the  sayd  Company,  for  the  tyme 
being,  or,  in  his  absence,  by  occasion  of  sicknesse,  or  otherwise, 
by  his  leave  and  permission,  the  Deputy-Governor,  ffor  the  tyme 
being,  shall  and  may,  ffrom  tyme  to  tyme,  upon  all  occasions, 
give  order  ffor  the  assemblinge  of  the  sayd  Company,  and  callinge 
them  together,  to  consult  and  advise  of  the  businesse  and  affaires 
of  the  sayd  Company.  &ntf  tfjat  forever  hereafter,  twice  in  every 
year,  that  is  to  say,  on  every  first  Wednesday  in  the  moneth  of 
May,  and  on  every  last  Wednesday  in  October,  or  oftener,  in  case 
it  shall  bee  requisite,  the  Assistants,  and  such  of  the  ffreemen  of 
the  Company,  not  exceedinge  six  persons  ffor  Newport,  ffoure 
persons  ffor  each  of  the  respective  townes  of  Providence,  Ports 
mouth  and  Warwicke,  and  two  persons  for  each  other  place,  towne 
or  city,  whoe  shall  bee,  from  tyme  to  tyme,  thereunto  elected  or 
deputed  by  the  majour  parte  of  the  ffreemen  of  the  respective 
townes  or  places  ffor  which  they  shall  bee  so  elected  or  deputed, 
shall  have  a  generall  meetinge,  or  Assembly  then  and  there  to 


CHARTER  OF  RHODE  ISLAND  [July8/i8 

consult,  advise  and  determine,  in  and  about  the  affaires  and 
businesse  of  the  said  Company  and  Plantations.  2lnti  furtjjer, 
wee  doe  .  .  .  give  and  graunt  unto  the  sayd  Governour  and 
Company  of  the  English  collony  of  2&rjoti£=E0lanti  anti  Probitience 
Plantations,  in  New-England,  in  America,  and  theire  successours, 
that  the  Governour,  or,  in  his  absence,  or,  by  his  permission,  the 
Deputy-Governour  of  the  sayd  Company,  for  the  tyme  beinge, 
the  Assistants,  and  such  of  the  ffreemen  of  the  sayd  Company  as 
shall  bee  soe  as  aforesayd  elected  or  deputed,  or  soe  many  of 
them  as  shall  bee  present  att  such  meetinge  or  assemblye,  as 
afforesayde,  shall  bee  called  the  Generall  Assemblye ;  and  that 
they,  or  the  greatest  parte  of  them  present,  whereof  the  Governour 
or  Deputy-Governour,  and  sixe  of  the  Assistants,  at  least  to  bee 
seven,  shall  have  .  .  .  ffull  power  \_and\  authority,  ffrom  tyme  to 
tyme,  and  at  all  tymes  hereafter,  to  apoynt,  alter  and  change, 
such  dayes,  tymes  and  places  of  meetinge  and  Generall  Assem 
blye,  as  theye  shall  thinke  ffitt;  &nli  furtjjcr  .  .  .  wee  doe  .  .  . 
establish  and  ordeyne,  that  yearelie,  once  in  the  yeare,  forever 
hereafter,  namely,  the  aforesayd  Wednesday  in  May,  and  at  the 
towne  of  Newport,  or  elsewhere,  if  urgent  occasion  doe  require, 
the  Governour,  Deputy-Governour  and  Assistants  of  the  sayd 
Company,  and  other  officers  of  the  sayd  Company,  or  such  of 
them  as  the  Generall  Assemblye  shall  thinke  ffitt,  shall  bee,  in 
the  sayd  Generall  Court  or  Assembly  to  bee  held  from  that  daye 
or  tyme,  newly  chosen  for  the  year  ensueing,  by  such  greater 
part  of  the  sayd  Company,  for  the  tyme  beinge,  as  shall  bee  then 
and  there  present;  .  .  .  Inti  fojee  tioe  likewise  .  .  .  give  and 
graunt  unto  the  sayd  Governour  and  Company,  and  theire  suc 
cessours,  by  these  presents,  that,  for  the  more  peaceable  and 
orderly  government  of  the  sayd  Plantations,  it  shall  and  may  bee 
lawfull  ffor  the  Governour,  Deputy-Governour,  Assistants,  and  all 
other  officers  and  ministers  of  the  sayd  Company,  in  the  adminis 
tration  of  justice,  and  exercise  of  government,  in  the  sayd  Plan 
tations,  to  use,  exercise,  and  putt  in  execution,  such  methods, 
rules,  orders  and  directions,  not  being  contrary  or  repugnant  to 
the  laws  and  statutes  of  this  oure  realme,  as  have  byn  heretofore 
given,  used  and  accustomed,  in  such  cases  respectively,  to  be 
putt  in  practice,  untill  att  the  next  or  some  other  Generall 
Assembly,  speciall  provision  shall  be  made  and  ordeyned  in  the 
cases  aforesayd.  Ifofc  free  toe  ffurtjjer  .  .  .  graunt  .  ,  ,  that  itt 


1663]  CHARTER  OF   RHODE   ISLAND  131 

shall  and  may  bee  lawfull  to  and  for  the  sayd  Governour,  or  in 
his  absence,  the  Deputy-Governour,  and  majour  parte  of  the 
sayd  Assistants,  for  the  tyme  being,  att  any  tyme  when  the  sayd 
Generall  Assembly  is  not  sitting,  to  nominate,  apoynt  and  con 
stitute,  such  and  soe  many  commanders,  governours,  and  military 
officers,  as  to  them  shall  seeme  requisite,  for  the  leading,  con- 
ductinge  and  trayneing  upp  the  inhabitants  of  the  sayd  Plantations 
in  martiall  affaires,  and  for  the  defence  and  safeguard  of  the  sayd 
Plantations;  .  .  .  Neverthelesse,  our  will  and  pleasure  is,  and 
wee  doe  hereby  declare  to  the  rest  of  cure  Collonies  in  New- 
England,  that  itt  shall  not  bee  lawefull  ffor  this  our  sayd  Collony 
of  Rhode-Island  and  Providence  Plantationes,  in  America,  in 
New-England,  to  invade  the  natives  inhabiting  within  the  boundes 
and  limitts  of  theire  sayd  Collonies  without  the  knowledge  and 
consent  of  the  sayd  other  Collonies.  And  itt  is  hereby  declared, 
that  itt  shall  not  bee  lawfull  to  or  ffor  the  rest  of  the  Collonies  to 
invade  or  molest  the  native  Indians,  or  any  other  inhabitants, 
inhabiting  within  the  bounds  and  lymitts  hereafter  mentioned 
(they  having  subjected  themselves  unto  us,  and  being  by  us  taken 
into  our  speciall  protection),  without  the  knowledge  and  consent 
of  the  Governour  and  Company  of  our  Collony  of  Rhode-Island 
and  Providence  Plantations.  .  .  .  And  further  alsoe,  wee  are 
gratiously  pleased,  and  doe  hereby  declare,  that  if  any  of  the 
inhabitants  of  oure  sayd  Collony  doe  sett  upon  the  plantinge  of 
vineyards  (the  soyle  and  clymate  both  seemeing  naturally  to  con- 
curr  to  the  production  of  wynes),  or  bee  industrious  in  the  dis 
covery  of  ffishing  banks,  in  or  about  the  sayd  Collony,  wee  will, 
ffrom  tyme  to  tyme,  give  and  allow  all  due  and  fitting  encourage 
ment  therein,  as  to  others  in  cases  of  lyke  nature.  .  .  .  And 
ffurther,  know  ye,  that  wee  .  .  .  doe  give,  graunt  and  confirme, 
unto  the  sayd  Governour  and  Company,  and  theire  successours, 
all  that  parte  of  our  dominiones  in  New-England,  in  America, 
conteyneing  the  Nahantick  and  Nanhyganset  Bay,  and  countryes 
and  partes  adjacent,  bounded  on  the  west,  or  westerly,  to  the 
middle  or  channel  of  a  river  there,  commonly  called  and  known 
by  the  name  of  Pawcatuck,  alias  Pawcawtuck  river,  and  soe  along 
the  sayd  river,  as  the  greater  or  middle  streame  thereof  reacheth 
or  lyes  vpp  into  the  north  countrye,  northward,  unto  the  head 
thereof,  and  from  thence,  by  a  streight  lyne  drawne  due  north, 
untill  itt  meets  with  the  south  lyne  of  the  Massachusetts  Collonie; 


132  CHARTER  OF   RHODE  ISLAND  [July8/i8 

and  on  the  north,  or  northerly,  by  the  aforesayd  south  or  southerly 
lyne  of  the  Massachusettes  Collony  or  Plantation,  and  extending 
towards  the  east,  or  eastwardly,  three  English  miles  to  the  east 
and  north-east  of  the  most  eastern  and  north-eastern  parts  of  the 
aforesayd  Narragansett  Bay,  as  the  sayd  bay  lyeth  or  extendeth 
itself  from  the  ocean  on  the  south,  or  southwardly,  unto  the 
mouth  of  the  river  which  runneth  towards  the  towne  of  Provi 
dence,  and  from  thence  along  the  eastwardly  side  or  banke  of 
the  sayd  river  (higher  called  by  the  name  of  Seacunck  river),  up 
to  the  ffals  called  Patuckett  ffalls,  being  the  most  westwardly  lyne 
of  Plymouth  Collony,  and  soe  from  the  sayd  ffalls,  in  a  streight 
lyne,  due  north,  untill  itt  meete  with  the  aforesayd  lyne  of  the 
Massachusetts  Collony;  and  bounded  on  the  south  by  the  ocean: 
and,  in  particular,  the  lands  belonging  to  the  townes  of  Provi 
dence,  Pawtuxet,  Warwicke,  Misquammacok,  alias  Pawcatuck, 
and  the  rest  upon  the  maine  land  in  the  tract  aforesaid,  together 
with  Rhode-Island,  Blocke-Island,  and  all  the  rest  of  the  islands 
and  banks  in  the  Narragansett  Bay,  and  bordering  upon  the  coast 
of  the  tract  aforesayd  (Ffisher's  Island  only  excepted),  .  .  .  any 
graunt,  or  clause  in  a  late  graunt,  to  the  Governour  and  Company 
of  Connecticut  Collony,  in  America,  to  the  contrary  thereof  in 
any  wise  notwithstanding;  the  aforesayd  Pawcatuck  river  haveing 
byn  yeilded,  after  much  debate,  for  the  fixed  and  certain  boundes 
betweene  these  our  sayd  Collonies,  by  the  agents  thereof;  whoe 
have  alsoe  agreed,  that  the  sayd  Pawcatuck  river  shall  bee  alsoe 
called  alias  Norrogansett  or  Narrogansett  river;  and,  to  prevent 
future  disputes,  that  otherwise  might  arise  thereby,  forever  here 
after  shall  bee  construed,  deemed  and  taken  to  bee  the  Narra 
gansett  river  in  our  late  graunt  to  Connecticut  Collony  mentioned 
as  the  easterly  bounds  of  that  Collony.  &nti  futtrjer,  our  will  and 
pleasure  is,  that  in  all  matters  of  publique  controversy  which  may 
fall  out  betweene  our  Collony  of  Providence  Plantations,  and  the 
rest  of  our  Collonies  in  New-England,  itt  shall  and  may  bee  law- 
full  to  and  for  the  Governour  and  Company  of  the  sayd  Collony 
of  Providence  Plantations  to  make  their  appeals  therein  to  us, 
our  heirs  and  successours,  for  redresse  in  such  cases,  within  this 
our  realme  of  England :  arid  that  itt  shall  be  lawfull  to  and  for 
the  inhabitants  of  the  sayd  Collony  of  Providence  Plantations, 
without  let  or  molestation,  to  passe  and  repasse  with  freedome, 
into  and  through  the  rest  of  the  English  Collonies,  upon  their 


1663]  SECOND   NAVIGATION  ACT  133 

lawfull  and  civill  occasions,  and  to  converse,  and  hold  commerce 
and  trade,  with  such  of  the  inhabitants  of  our  other  English 
Collonies  as  shall  bee  willing  to  admitt  them  thereunto,  they 
behaveing  themselves  peaceably  among  them;  any  act,  clause  or 
sentence,  in  any  of  the  sayd  Collonies  provided,  or  that  shall  bee 
provided,  to  the  contrary  in  anywise  notwithstanding.  .  .  . 


No.  28.    Second   Navigation  Act 
1663 

THE  navigation  act  of  1660  had  assured  to  English  vessels  a  monopoly  of 
the  carrying  trade  between  the  colonies  and  England;  but  English  vessels 
might  still  trade,  except  in  certain  "  enumerated  articles,"  directly  between 
colonial  and  foreign  ports/  The  act  of  1663  aimed  to  benefit  the  merchants 
as  well  as  the  shipowners,  by  securing  to  English  merchants  the  control  of  the 
colonial  import  trade. 

REFERENCES. —  Text  in  Statutes  of  the  Realm,  V.,  449-452.  The  act  is 
cited  as  15  Car.  II ,  c.  7. 

AN  ACT  for  the  Encouragement  of  Trade. 

[IV.]  AND  in  reguard  His  Majesties  Plantations  beyond  the 
Seas  are  inhabited  and  peopled  by  His  Subjects  of  this  His  King- 
dome  of  England,  For  the  maintaining  a  greater  correspondence 
and  kindnesse  betweene  them  and  keepeing  them  in  a  firmer 
dependance  upon  it,  and  rendring  them  yet  more  beneficiall  and 
advantagious  unto  it  in  the  farther  Imployment  and  Encrease  of 
English  Shipping  and  Seamen,  vent  of  English  Woollen  and  other 
Manufactures  and  Commodities  rendring  the  Navigation  to  and 
from  the  same  more  safe  and  cheape,  and  makeing  this  King- 
dome  a  Staple  not  onely  of  the  Commodities  of  those  Plantations 
but  alsoe  of  the  Commodities  of  other  Countryes  and  Places  for 
the  supplying  of  them,  and  it  being  the  usage  of  other  Nations 
to  keepe  their  [Plantations  *]  Trade  to  themselves,  Be  it  enacted 
and  it  is  hereby  enacted  That  from  and  after  the  Five  and  twen- 
tyeth  day  of  March  One  thousand  six  hundred  sixtie  fower  noe 
Commoditie  of  the  Growth  Production  or  Manufacture  of  Europe 
shall  be  imported  into  any*  Land  Island  Plantation  Colony  Terri 
tory  or  Place  to  His  Majestic  belonging,  or  which  shall  [belong 

*  Plantation  in  the  original  MS. 


134  SECOND  NAVIGATION  ACT  [1663 

hereafter  *]  unto,  or  be  in  the  Possession  of  His  Majestic  His 
Heires  and  Successors  in  Asia  Africa  or  America  (Tangier  onely 
excepted)  but  what  shall  be  bona  fide  and  without  fraude  laden 
and  shipped  in  England  Wales  [and  f]  the  Towne  of  Berwicke 
upon  Tweede  and  in  English  built  Shipping,  or  which  were  bona 
fide  bought  before  the  first  day  of  October  One  thousand  six  hun 
dred  sixtie  and  two  and  had  such  Certificate  thereof  as  is  directed 
in  one  Act  passed  the  last  Sessions  of  this  present  Parliament 
entituled  An  Act  for  preventing  Frauds  and  regulating  Abuses 
in  His  Majesties  Customes,  and  whereof  the  Master  and  three 
Fourthes  of  the  Marriners  at  least  are  English,  and  which  shall 
be  carryed  directly  thence  to  the  said  Lands  Islands  Plantations 
Colonyes  Territories  or  Places,  and  from  noe  other  place  or 
places  whatsoever  Any  Law  Statute  or  Usage  to  the  contrary  not 
withstanding,  under  the  Penaltie  of  the  losse  of  all  such  Com 
modities  of  the  Growth  Production  or  Manufacture  of  Europe  as 
shall  be  imported  into  any  of  them  from  any  other  Place  whatso 
ever  by  Land  or  Water,  and  if  by  Water,  of  the  Ship,  or  Vessell 
alsoe  in  which  they  were  imported  with  all  her  Guns  Tackle 
Furniture  Ammunition  and  Apparell,  one  third  parte  to  His 
Majestic  His  Heires  and  Successors,  one  third  part  to  the  Gov- 
ernour  of  such  Land  Island  Plantation  Colony  Territory  or  Place 
into  which  such  Goods  were  imported  if  the  said  Shipp,  Vessell 
or  Goods  be  there  seised,  or  informed  against  and  sued  for,  or 
otherwise  that  Third  part  alsoe  to  His  Majestic  His  Heires  and 
Successors,  and  the  other  Third  parte  to  him  or  them  who  shall 
seise  inform  or  sue  for  the  same  in  any  of  His  Majesties  Courts 
in  such  of  the  said  Lands  Islands  Colonies  Plantations  Territories 
or  Places  where  the  Offence  was  committed,  or  in  any  Court  of 
Record  in  England  by  Bill,  Information  Plaint  or  other  Action 
wherein  noe  Essoyne  Protection  or  Wager  in  Law  shall  be  allowed 
[V.]  PROVIDED  alvvayes  .  .  .  That  it  shall  and  may  be  lawfull 
to  shipp  and  lade  in  such  Shipps,  and  soe  navigated  as  in  the 
foregoeing  Clause  is  sett  downe  and  expressed  in  any  part  of 
Europe  Salt  for  the  Fisheries  of  New  England  and  New  found 
land,  and  to  shipp  and  lade  in  the  Medera's  Wines  of  the  Growth 
thereof,  and  to  shipp  and  lade  in  the  Westerne  Islands  or  Azores 
Wines  of  the  Growth  of  the  said  Islands,  and  to  shipp  [or  j  ]  take 

*  Hereafter  belong  in  the  original  MS.  f  The  original  MS.  has  or. 

J  And  in  the  original  MS. 


1 663]  SECOND  NAVIGATION  ACT  135 

in  Servants  or  Horses  in  Scotland  or  Ireland,  and  to  shipp  or 
lade  in  Scotland  all  sorts  of  Victuall  of  the  Growth  or  Produc 
tion  of  Scotland,  and  to  shipp  or  lade  in  Ireland  all  sortes  of 
Victuall  of  the  Growth  or  Production  of  Ireland,  and  the  same 
to  transport  into  any  of  the  said  Lands  Islands  Plantations  Colo- 
nyes  Territories  or  Places,  Any  thing  in  the  foregoeing  Clause  in 
the  contrary  in  any  wise  notwithstanding. 

[VI.]  AND  for  the  better  prevention  of  Fraudes  Be  it  enacted  and 
it  is  hereby  enacted  That  from  and  after  .  .  .  [March  25,  1664] 
.  .  .  every  person  or  persons  importing  by  land  any  Goods  or 
Commodities  whatsoever  into  any  the  said  Lands  Islands  Planta 
tions  Colonies  Territories  or  Places  shall  deliver  to  the  Governour 
of  such  Land  Island  Plantation  Colony  Territory  or  Place,  or  to 
such  Person  or  Officer  as  shall  be  by  him  thereunto  authorized 
and  appointed  within  fower  and  twenty  hours  after  such  Importa 
tion  his  and  their  Names  and  Surnames  and  a  true  Inventory  and 
Particular  of  all  such  Goods  or  Commodities,  And  noe  Shipp  or 
Vessell  comeing  to  any  such  Land  Island  Plantation  Colony 
Territory  or  Place  shall  lade  or  unlade  any  Goods  or  Commodities 
whatsoever  untill  the  Master  or  Commander  of  such  Shipp  or 
Vessell  shall  first  have  made  knowne  to  the  Governour  of  such 
Land  Isleland  Plantation  Colony  Territory  or  Place  or  such  other 
Person  or  Officer  as  shall  be  by  him  thereunto  authorized  and 
appointed  the  arrivall  of  the  said  Shipp  or  Vessell  with  her  name, 
and  the  name  and  surname  of  her  Master  or  Commander,  and 
have  shewen  to  him  that  she  is  an  English  built  Shipp,  or  made 
good  by  produceing  such  Certificate  as  abovesaid  that  she  is  a 
Shipp  or  Vessell  bona  fide  belonging  to  England  Wales  or  the 
Towne  of  Berwicke  and  navigated  with  an  English  Master  and 
three  fourth  parts  of  the  Marriners  at  least  Englishmen  and  have 
delivered  to  such  Governour  or  other  Person  or  Officer  a  true  and 
perfect  Inventory  or  Invoice  of  her  Ladeing  together  with  the 
place  or  places  in  which  the  said  Goods  were  laden  or  taken  into 
the  said  Shipp  or  Vessell  under  the  paine  of  the  losse  of  the 
Shipp  or  Vessell  with  all  her  Guns  Ammunition  Tackle  Furniture 
and  Apparell  and  of  all  such  Goods  of  the  Growth  Production  or 
Manufacture  of  Europe  as  were  not  bona  fide  laden  and  taken  in, 
in  England  Wales  or  the  Towne  of  Berwicke  to  be  recovered  and 
divided  in  manner  aforesaid,  And  all  such  as  are  Governours  or 
Comanders  of  any  the  said  Lands  Islands  Plantations  Colonyes 


GRANT  TO  THE   DUKE  OF  YORK       [March  12/22 

Territoryes  or  Places  (Tangier  onely  excepted)  shall  before  .  .  . 
[March  25,  1664]  .  .  .  and  all  such  as  shall  hereafter  be  made 
Governours  or  Commanders  of  any  of  them  shall  before  their 
entrance  upon  the  execution  of  such  trust  or  charge  take  a  Solemne 
Oath  before  such  person  or  persons  as  shall  be  authorized  by  His 
Majestic  His  Heires  and  Successors  to  administer  the  same  to 
doe  their  utmost  within  their  respective  Governments  or  Com 
mands  to  cause  to  be  well  and  truely  observed  what  is  in  this  Act 
enacted  in  relation  to  the  Trade  of  such  Lands  Islands  Planta 
tions  Colonyes  Territoryes  and  Places  under  the  penaltie  of  being 
removed  out  of  their  respective  Governments  and  Commands. 
And  if  any  of  them  shall  be  found  after  the  takeing  of  such  Oath 
to  have  wittingly  and  willingly  offended  contrary  to  what  is  by 
this  Act  required  of  them,  that  they  shall  for  such  Offence  be 
turned  out  of  their  Governments,  and  be  incapeable  of  the  Gov 
ernment  of  any  other  Land  Island  Plantation  or  Colony,  and 
moreover  forfeite  the  summe  of  One  thousand  pounds  lawfull 
money  of  England  .  .  . 

[VII.]  AND  it  is  hereby  further  enacted  That  if  any  Officer  of 
the  Customes  in  England  Wales  or  Towne  of  Bervvicke  upon 
Tweede  shall  give  any  Warrant  for  or  suffer  any  Sugar,  Tobaccho, 
Ginger,  Cotton,  Wooll,  Indico  Speckle  Wood  or  Jamaica  Wood 
Fusticke  or  other  Dying  Wood  of  the  growth  of  any  of  the  said 
Lands  Islands  Colonyes  Plantations  Territories  or  Places  to  be 
carryed  into  any  other  Country  or  Place  whatsoever  untill  they 
have  beene  first  unladen  bona  fide  and  putt  on  shore  in  some 
Port  or  Haven  in  England  or  Wales  or  in  the  Towne  of  Berwicke, 
that  every  such  Officer  for  such  Offence  shall  forfeite  his  place 
and  the  value  of  such  of  the  said  Goods  as  he  shall  give  Warrant 
for  or  suffer  to  passe  into  any  other  Country  or  Place.  .  .  0 


No.  29.    Grant  to  the  Duke  of  York 

March  12/22,  1663/4 

THE  province  of  New  Netherland,  granted  to  the  Duke  of  York,  brother  of 
Charles  II.,  in  March,  1663/4,  was  not  surrendered  to  the  English  until  the 
following  August.  By  the  treaty  of  Breda,  in  1667,  the  English  occupation 
was  confirmed.  On  the  renewal  of  the  war  between  England  and  the  United 
Netherlands,  in  March,  1672/3,  New  York  was  retaken  by  the  Dutch,  and  a 


1663/4]  GRANT  TO  THE   DUKE  OF  YORK  137 

general  act  of  confiscation  was  passed,  including  in  its  scope  property  of  the 
King  and  of  the  Duke  of  York;  but  the  treaty  of  Westminster,  in  1674,  provid 
ing  for  a  mutual  restoration  of  conquests,  reestablished  the  English  control. 
To  remove  any  doubt  as  to  the  validity  of  the  grant  of  1664,  and  other  grants 
made  under  it,  due  to  the  temporary  occupation  by  the  Dutch,  a  second  grant 
was  made  June  29/July  9,  1674,  in  terms  only  verbally  different  from  the  first. 
REFERENCES. —  Text  in  Docztments  relating  to  the  Colonial  History  of  New 
York,  II.,  295-298.  On  the  English  conquest,  see  Brodhead's  History  of  New 
York,  II.,  III.;  Sainsbury's  Calendar  of  State  Papers,  Colonial,  V.  The  so- 
called  "Duke  of  York's  Laws,"  1676-1682,  have  been  reprinted  by  the  State 
of  Pennsylvania  (Harrisburg,  1879),  in  a  volume  containing  also  the  charter 
and  early  laws  of  Pennsylvania. 

CHARLES  the  Second,  .  .  .  [&c.]  .  .  .  Know  ye  that  we 
...  by  these  presents  for  us  Our  heirs  and  Successors  Do  Give 
and  Grant  unto  our  Dearest  Brother  James  Duke  of  York  his 
Heirs  and  Assigns  All  that  part  of  the  maine  Land  of  New  Eng 
land  beginning  at  a  certain  place  called  or  known  by  the  name 
of  St  Croix  next  adjoining  to  New  Scotland  in  America  and  from 
thence  extending  along  the  Sea  Coast  unto  a  certain  place  called 
Petuaquine  or  Pemaquid  and  so  up  the  River  thereof  to  the 
furthest  head  of  the  same  as  it  tendeth  Northwards  and  extending 
from  thence  to  the  River  Kinebequi  and  so  Upwards  by  the 
Shortest  course  to  the  River  Canada  Northward  And  also  all 
that  Island  or  Islands  commonly  called  by  the  several  name  or 
names  of  Matowacks  or  Long  Island  situate  lying  and  being 
towards  the  West  of  Cape  Cod  and  the  Narrow  Higansetts  abut 
ting  upon  the  main  land  between  the  two  Rivers  there  called  or 
known  by  the  several  names  of  Connecticut  and  Hudsons  River 
together  also  with  the  said  River  called  Hudsons  River  and  all 
the  Land  from  the  West  side  of  Connecticut  to  the  East  side  of 
Delaware  Bay  and  also  all  those  several  Islands  called  or  known 
by  the  Names  of  Martin's  Vinyard  and  Nantukes  otherwise  Nan- 
tuckett.  .  .  .  And  all  our  Estate,  Right,  Title,  Interest,  Benefit, 
Advantage,  Claim  and  Demand  of  in  or  to  the  said  Lands  and 
Premises  or  any  part  or  parcel  thereof  And  the  Reversion  and 
Reversions  Remainder  and  Remainders  together  with  the  yearly 
and  other  the  Rents,  Revenues  and  Profits  of  all  and  singular  the 
said  Premises  and  of  every  part  and  parcel  thereof  .  .  .  And 
the  said  James  Duke  of  York  doth  for  himself  his  Heirs  and 
Assigns  covenant  and  promise  to  yield  and  render  unto  us  our 
Heirs  and  Successors  of  and  for  the  same  yearly  and  every  year 


138  GRANT  TO  THE   DUKE   OF  YORK       [March  12/22 

forty  Beaver  skins  when  they  shall  be  demanded  or  within  Ninety 
days  after  And  We  do  further  .  .  .  Grant  unto  our  said  Dearest 
Brother  James  Duke  of  York  his  Heirs,  Deputies,  Agents,  Com 
missioners  and  Assigns  by  these  presents  full  and  absolute  power 
and  authority  to  correct,  punish,  pardon,  govern  and  rule  all  such 
the  subjects  of  us  Our  Heirs  and  Successors  who  may  from  time 
to  time  adventure  themselves  into  any  the  parts  or  places  afore 
said  or  that  shall  or  do  at  any  time  hereafter  inhabit  within  the 
same  according  to  such  Laws,  Orders,  Ordinances,  Directions 
and  Instruments  as  by  our  said  Dearest  Brother  or  his  Assigns 
shall  be  established  And  in  defect  thereof  in  cases  of  necessity 
according  to  the  good  discretions  of  his  Deputies,  Commissioners, 
Officers  or  Assigns  respectively  as  well  in  all  causes  and  matters 
Capital  and  Criminal  as  civil  both  marine  and  others  So  always 
as  the  said  Statutes  Ordinances  and  proceedings  be  not  contrary 
to  but  as  near  as  conveniently  may  be  agreeable  to  the  Laws, 
Statutes  &  Government  of  this  Our  Realm  of  England  And 
saving  and  reserving  to  us  our  Heirs  and  Successors  the  receiving, 
hearing  and  determining  of  the  Appeal  and  Appeals  of  all  or  any 
Person  or  Persons  of  in  or  belonging  to  the  territories  or  Islands 
aforesaid  in  or  touching  any  Judgment  or  Sentence  to  be  there 
made  or  given  And  further  that  it  shall  and  may  be  lawful  to  and 
for  our  said  Dearest  Brother  his  Heirs  and  Assigns  by  these 
presents  from  time  to  time  to  nominate,  make,  constitute,  ordain 
and  confirm  by  such  name  or  names  stile  or  stiles  as  to  him  or 
them  shall  seem  good  and  likewise  to  revoke,  discharge,  change 
and  alter  as  well  all  and  singular  Governors,  Officers  and  Minis 
ters  which  hereafter  shall  be  by  him  or  them  thought  fit  and  need 
ful  to  be  made  or  used  within  the  aforesaid  parts  and  Islands 
And  also  to  make,  ordain  and  establish  all  manner  of  Orders, 
Laws,  directions,  instructions,  forms  and  Ceremonies  of  Govern 
ment  and  Magistracy  fit  and  necessary  for  and  Concerning  the 
Government  of  the  territories  and  Islands  aforesaid  so  always  as 
the  same  be  not  contrary  to  the  laws  and  statutes  of  this  Our 
Realm  of  England  but  as  near  as  may  be  agreeable  thereunto 
.  .  .  And  We  do  further  .  .  .  Grant  .  .  .  That  it  shall  and  may 
be  lawful  to  and  for  the  said  James  Duke  of  York  his  heirs  and 
Assigns  in  his  or  their  discretions  from  time  to  time  to  admit 
such  and  so  many  Person  and  Persons  to  trade  and  traffic  unto 
and  within  the  Territories  and  Islands  aforesaid  and  into  every 


1663/4]  GRANT  OF  NEW  JERSEY  139 

or  any  part  and  parcel  thereof  and  to  have  possess  and  enjoy  any 
Lands  or  Hereditaments  in  the  parts  and  places  aforesaid  as  they 
shall  think  fit  according  to  the  Laws,  Orders,  Constitutions  and 
Ordinances  by  Our  said  Brother  his  Heirs,  Deputies,  Commis 
sioners  and  Assigns  from  time  to  time  to  be  made  and  established 
by  virtue  of  and  according  to  the  true  intent  and  meaning  of 
these  presents  and  under  such  conditions,  reservations  and  agree 
ments  as  Our  said  Brother  his  Heirs  or  Assigns  shall  set  down, 
order,  direct  and  appoint  and  not  otherwise  as  aforesaid.  .  .  . 


No.  30.    Grant  of  New  Jersey  to  Berkeley 
and  Carteret 

June  20/30,  1664 

THE  grant  of  New  Jersey  to  Lord  Berkeley  and  Sir  George  Carteret,  like 
the  grant  from  Charles  II.  to  the  Duke  of  York,  on  which  it  was  based,  was 
made  before  the  grantor  was  actually  in  possession  of  the  territory  granted. 
Berkeley  and  Carteret  were  already  interested  as  proprietors  in  the  Carolina 
colony,  and  were  on  intimate  terms  with  the  Duke  of  York.  For  the  subse 
quent  history  of  the  grant,  see  the  notes  to  Nos.  35  and  36,  post. 

REFERENCES.  —  Text  in  Learning  and  Spicer's  Grants,  Concessions,  and 
Original  Constitutions  of  New  Jersey  (ed.  1881),  8-n. 

THIS  INDENTURE  made  the  four  and  twentieth  day  of 
June,  in  the  sixteenth  year  of  the  reign  of  our  sovereign  Lord, 
CHARLES  the  Second  .  .  .  ,  Annoq.  Domini,  1664.  Between  His 
Royal  Highness,  JAMES  Duke  of  York,  and  Albany  .  .  .  ,  of  the 
one  part :  John  Lord  Berkley,  Baron  of  Stratton,  and  one  of  His 
Majesty's  most  Honourable  Privy  Council,  and  Sir,  George  Car 
teret  of  Saltrum,  in  the  County  of  Devon,  Knight  and  one  of  His 
Majesty's  most  Honourable  Privy  Council  of  the  other  part:  [A 
recital  of  the  grant  of  March  12/22,  1663/4,  to  the  Duke  of  York, 
follows.]  Now  this  Indenture  witnesseth,  that  his  said  Royal 
Highness  JAMES  Duke  of  York,  for  and  in  consideration  of  a 
competent  sum  of  good  and  lawful  money  of  England  to  his  said 
Royal  Highness  JAMES  Duke  of  York  in  hand  paid  by  the  said 
John  Lord  Berkley  and  Sir  George  Carteret,  before  the  sealing 
and  delivery  of  these  presents,  the  receipt  whereof  the  said  JAMES 
Duke  of  York,  doth  hereby  acknowledge,  ...  by  these  presents, 


I40  GRANT   OF  NEW  JERSEY  [June  20/30 

doth  grant,  bargain,  sell,  release  and  confirm  unto  the  said  John 
Lord  Berkley  and  Sir  George  Carteret,  their  heirs  and  assigns 
for  ever,  all  that  tract  of  land  adjacent  to  New  England,  and  lying 
and  being  to  the  westward  of  Long  Island,  and  Manhitas  Island, 
and  bounded  on  the  east  part  by  the  main  sea,  and  part  by  Hud 
son's  river,  and  hath  upon  the  west  Delaware  bay  or  river,  and 
extendeth  southward  to  the  main  ocean  as  far  as  Cape  May  at  the 
mouth  of  Delaware  bay;  and  to  the  northward  as  far  as  the  norther- 
most  branch  of  the  said  bay  or  river  of  Delaware,  which  is  forty- 
one  degrees  and  forty  minutes  of  latitude,  and  crosseth  over 
thence  in  a  strait  line  to  Hudson's  river  in  forty-one  degrees  of 
latitude;  which  said  tract  of  land  is  hereafter  to  be  called  by  the 
name  or  names  of  New  Ceaserea  or  New  Jersey :  ...  in  as  full 
and  ample  manner  as  the  same  is  granted  to  the  said  Duke  of 
York  by  the  before-recited  Letters  Patents;  and  all  the  estate, 
right,  title,  interest,  benefit,  advantage,  claim  and  demand  of  the 
said  JAMES  Duke  of  York,  of  in  or  to  the  said  [tract  of  land]  and 
premises,  or  any  part  or  parcel  thereof  ...  :  All  of  which  said 
tract  of  land  and  premises  were  by  indenture,  bearing  date  the 
day  before  the  date  hereof,  bargain' d  and  sold  by  the  said  JAMES 
4)uke  of  York,  unto  the  said  John  Lord  Berkley  and  Sir  George 
Carteret,  for  the  term  of  one  whole  year  to  commence  from  the 
first  day  of  May  last  past,  before  the  date  thereof,  under  the  rent 
of  a  peper  corn,  payable  as  therein  is  mentioned  as  by  the  said 
deed  more  plainly  may  appear:  by  force  and  virtue  of  which 
said  indenture  of  bargain  and  sale,  and  of  the  statute  for  trans 
ferring  of  uses  into  possession,  the  said  John  Lord  Berkley  and 
Sir  George  Carteret,  are  in  actual  possession  of  the  said  tract  of 
land  and  premises,  and  enabled  to  take  a  grant  and  release 
thereof,  the  said  lease  being  made  to  that  end  and  purpose,  to 
have  and  to  hold  all  and  singular  the  said  tract  of  land  and 
premises;  with  their,  and  every  of  their  appurtenances,  and  every 
part  and  parcel  thereof  .  .  .  for  ever;  yielding  and  rendering 
therefore  unto  the  said  JAMES  Duke  of  York,  his  heirs  and  assigns, 
for  the  said  tract  of  land  and  premises,  yearly  .  .  .  the  sum  of 
twenty  nobles  of  lawful  money  of  England,  if  the  same  shall  be 
lawfully  demanded  at  or  in  the  Inner  Temple  Hall  London,  at 
the  feast  of  St.  Michael  the  Arch  Angel  yearly.  .  .  . 


1664]  NEW  JERSEY  CONCESSION  141 

No.  31.    New  Jersey  Concession  and 
Agreement 

February  10/20,  1664/5 

AT  the  time  of  the  grant  of  New  Jersey  to  Berkeley  and  Carteret,  there 
were  a  few  scattered  settlements  in  the  region;  but  the  liberal  provisions  of 
the  "Concession  and  Agreement"  were  framed  for  the  settlers  who  were 
expected  to  come,  rather  than  for  the  small  number  already  there.  The  first 
representative  assembly  was  held  at  Elizabethtown,  in  May,  1668. 

REFERENCES. —  Text  in  Learning  and  Spicer's  Grants,  etc.  (ed.  1881),  12- 
26.  The  early  documentary  history  of  New  Jersey  may  be  studied  in  the  New 
Jersey  Archives,  L;  the  early  laws  are  in  Learning  and  Spicer,  op.  cit.  See 
further  Winsor's  Narr.  and  Crit.  Hist.,  III.,  chap.  12;  Whitehead's  East 
Jersey  under  the  Proprietary  Government;  Scott's  Influence  of  the  Propri 
etors  in  Founding  New  Jersey,  in  Johns  Hopkins  Univ.  Studies,  III.,  No.  8. 

THE  CONCESSION  AND  AGREEMENT  OF  THE  LORDS  PROPRIETORS 
OF  THE  PROVINCE  OF  NEW  C^ESAREA,  OR  NEW  JERSEY,  TO  AND 
WITH  ALL  AND  EVERY  THE  ADVENTURERS  AND  ALL  SUCH  AS  SHALL 
SETTLE  OR  PLANT  THERE. 

IMPRIMUS.  We  do  consent  and  agree,  that  the  Governor  of  the 
said  Province  hath  power,  by  the  advice  of  his  council,  to  depute 
one  in  his  place  and  authority,  in  case  of  death  or  removal,  to 
continue  until  our  further  order,  unless  we  have  commissionated 
one  before. 

ITEM.  That  he  hath  likewise  power  to  make  choice  of  and  to 
take  to  him  six  councellors  at  least,  or  twelve  at  most,  or  any 
even  number  between  six  and  twelve,  with  whose  advice  and  con 
sent,  or  with  at  least  three  of  the  six,  or  four  of  a  greater  number 
(all  being  summon'd)  he  is  to  govern  according  to  the  limitations 
and  instructions  following,  during  our  pleasure. 

[Provision  is  made  for  the  appointment  of  a  secretary  or  regis 
ter,  and  a  surveyor  general,  the  duties  of  the  same  being  pre 
scribed.  All  officers  of  trust,  including  members  of  the  assembly, 
are  to  swear  or  subscribe  allegiance  to  the  King,  and  faithfulness 
to  the  interests  of  the  proprietors  and  the  province.] 

ITEM.  That  all  persons  that  are  or  shall  become  subjects  of 
the  King  of  England,  and  swear,  or  subscribe  allegiance  to  the 
King,  and  faithfulness  to  the  lords,  shall  be  admitted  to  plant 
and  become  freemen  of  the  said  Province,  and  enjoy  the  free- 


I42  NEW  JERSEY  CONCESSION  [Feb.  10/20 

doms  and  immunities  hereafter  express' d,  until  some  stop  or 
contradiction  be  made  by  us  the  Lords,  or  else  the  Governor, 
Council  and  Assembly,  which  shall  be  in  force  until  the  Lords 
see  cause  to  the  contrary :  provided  that  such  stop  shall  not  any 
ways  prejudice  the  right  or  continuance  of  any  person  that  have 
been  receiv'd  before  such  stop  or  orders  come  from  the  General 
Assembly. 

ITEM.  That  no  person  qualified  as  aforesaid  within  the  said 
Province,  at  any  time  shall  be  any  ways  molested,  punished,  dis 
quieted  or  called  in  question  for  any  difference  in  opinion  or 
practice  in  matter  of  religious  concernments,  who  do  not  actually 
disturb  the  civil  peace  of  the  said  Province;  but  that  all  and 
every  such  person  and  persons  may  from  time  to  time,  and  at  all 
times,  freely  and  fully  have  and  enjoy  his  and  their  judgments 
and  consciences  in  matters  of  religion  throughout  the  said  Prov 
ince,  they  behaving  themselves  peaceably  and  quietly,  and  not 
using  this  liberty  to  licentiousness,  nor  to  the  civil  injury  or  out 
ward  disturbance  of  others;  any  law,  statute  or  clause  contained, 
or  to  be  contained,  usage  or  custom  of  this  realm  of  England,  to 
the  contrary  thereof  in  any  wise  notwithstanding. 

ITEM.  That  no  pretence  may  be  taken  by  our  heirs  or  assigns 
for  or  by  reason  of  our  right  of  patronage  and  power  of  advowson, 
granted  by  his  Majesty's  Letter's  Patents,  unto  his  Royal  High 
ness  JAMES  Duke  of  York,  and  by  his  said  Royal  Highness  unto 
us,  thereby  to  infringe  the  general  clause  of  liberty  of  conscience, 
aforementioned :  we  do  hereby  grant  unto  the  General  Assembly 
of  the  said  Province,  power  by  act  to  constitute  and  appoint 
such  and  so  many  ministers  or  preachers  as  they  shall  think  fit, 
and  to  establish  their  maintenance,  giving  liberty  beside  to  any 
person  or  persons  to  keep  and  maintain  what  preachers  or  minis 
ters  they  please. 

ITEM.  That  the  inhabitants  being  freemen,  or  chief  agents  to 
others  of  the  Province  aforesaid;  do  as  soon  as  this  our  commis 
sion  shall  arrive,  by  virtue  of  a  writ  in  our  names  by  the  Governor 
to  be  for  the  present  (until  our  seal  comes)  sealed  and  signed, 
make  choice  of  twelve  deputies  or  representatives  from  amongst 
themselves;  who  being  chosen  are  to  join  with  the  said  Governor 
and  council  for  the  making  of  such  laws,  ordinances  and  consti 
tution  as  shall  be  necessary  for  the  present  good  and  welfare  of 
the  said  Province.  But  so  soon  as  parishes,  divisions,  tribes  and 


1664/5]  N£W  JERSEY  CONCESSION  143 

other  distinctions  are  made,  that  then  the  inhabitants  or  free 
holders  of  the  several  respective  parishes,  tribes,  divisions  and 
distinctions  aforesaid,  do  by  our  writts,  under  our  seals,  (which 
we  ingage,  shall  be  in  due  time  issued)  annually  meet  on  the 
first  day  of  January,  and  choose  freeholders  for  each  respective 
division,  tribe  or  parish  to  be  the  deputies  or  representatives  of 
the  same :  which  body  of  representatives  or  the  major  part  of 
them,  shall,  with  the  Governor  and  council  aforesaid,  be  the 
General  Assembly  of  the  said  Province,  the  Governor  or  his 
deputy  being  present,  unless  they  shall  wilfully  refuse,  in  which 
case  they  may  appoint  themselves  a  president,  during  the  absence 
of  the  Governor  or  the  deputy  Governor. 

WHICH  ASSEMBLY'S  ARE  TO  HAVE  POWER. 

First.  To  appoint  their  own  time  of  meeting  and  to  adjourn 
their  sessions  from  time  to  time  to  such  times  and  places  as  they 
shall  think  convenient;  as  also  to  ascertain  the  number  of  their 
quorum;  provided  that  such  numbers  be  not  less  than  the  third 
part  of  the  whole,  in  whom  (or  more)  shall  be  the  full  power  of 
the  General  Assembly. 

II.  To  enact  and  make  all  such  laws,  acts  and  constitutions 
as  shall  be  necessary  for  the  well  government  of  the  said  Province, 
and  them  to  repeal:  provided,  that  the  same  be  consonant  to 
reason,  and  as  near  as  may  be  conveniently  agreeable  to  the  laws 
and  customs  of   his  majesty's   kingdom  of   England:  provided 
also,  that  they  be  not  against  the  interest  of  us  the  Lords  Pro 
prietors,  our  heirs  or  assigns,  nor  any  of  those  our  concessions, 
especially  that  they  be  not  repugnant  to  the  article  for  liberty  of 
conscience  abovementioned :  which  laws  so  made  shall  receive 
publication  from  the  Governor  and  council  (but  as  the  laws  of  us 
and  our  General  Assembly)  and  be  in  force  for  the  space  of  one 
year  and  no  more,  unless  contradicted  by  the  Lords  Proprietors, 
within  which  time  they  are  to  be  presented  to  us  ...  for  our 
ratification;  and  being  confirmed  by  us,  they  shall  be  in  con 
tinual  force  till  expired  by  their  own  limitation,  or  by  act  of 
repeal  in  like  manner  to  be  passed  (as  aforesaid)  and  confirmed. 

III.  By  act  as  aforesaid,  to  constitute  all  courts,  together  with 
the  limits,  powers  and  jurisdictions  of   the  same;    as  also   the 
several  offices  and  number  of  officers  belonging  to  each  court, 


144  NEW  JERSEY  CONCESSION  [Feb.  10/20 

with  their  respective  salaries,  fees  and  perquisites  ;  their  ap- 
pelations  and  dignities,  with  the  penalties  that  shall  be  due  to 
them,  for  the  breach  of  their  several  and  respective  duties  and 
trusts. 

IV.  By  act  as  aforesaid,  to  lay  equal  taxes  and  assessments, 
equally  to  raise  moneys  or  goods  upon  all  lands  (excepting  the 
lands  of  us  the   Lords   Proprietors  before  settling)  or  persons 
within  the  several  precincts,  hundreds,  parishes,  manors,  or  what 
soever  other  divisions  shall  hereafter  be  made  and  established  in 
the  said  Province,  as  oft  as  necessity  shall  require,  and  in  such 
manner  as  to  them  shall  seem  most  equal  and  easy  for  the  said 
inhabitants;    in  order  to  the  better  supporting  of  the  publick 
charge  of  the  said  Government,  and  for  the  mutual  safety,  defence 
and  security  of  the  said  Province. 

V.  By  act  as  aforesaid,  to  erect  within  the  said  Province,  such 
and  so  many  manors,  with  their  necessary  courts,  jurisdictions, 
freedoms,  and  privileges,  as  to  them  shall  seem  meet  and  con 
venient:   As  also  to  divide  the  said  Province  into  hundreds, 
parishes,  tribes,  or  such  other  divisions  and  districtions,  as  they 
shall  think  fit;   and  the  said  divisions  to  distinguish  by  what 
names  we  shall  order  or  direct;  and  in  default  thereof,  by  such 
names  as  they  please :  As  also  in  the  said  Province  to  create  and 
appoint  such  and  so  many  ports,  harbours,  creeks,  and  other 
places  for  the  convenient  lading   and   unlading  of  goods  and 
merchandizes,  out  of  ships,  boats  and  other  vessels,  as  shall  be 
expedient;  with  such  jurisdictions,  privileges  and  francheses  to 
such  ports,  &c.  belonging,  as  they  shall  judge  most  conducing  to 
the  general  good  of  the  said  Plantation  or  Province. 

VI.  By  their  enacting  ...  to  erect,  raise  and  build  within  the 
said  Province  or  any  part  thereof,  such  and  so  many  forts,  for 
tresses,  castles,  cities,  corporations,  boroughs,  towns,  villages, 
and  other  places  of  strength  and  defence;  and  them  or  any  of 
them,  to  incorporate  with  such  charters  and  privileges,  as  to  them 
shall  seem  good,  and  the  grant  made  unto  us  will  permit;  [and 
the  same  to  fortify  and  furnish.] 

[VII.  To  constitute  trained  bands,  &c.,  suppress  mutiny  and 
rebellion,  and  wage  offensive  and  defensive  war.] 

[VIII.    To  naturalize  foreigners.] 

[IX.  To  regulate  allotments  of  land  to  individuals;  such  allot 
ments  not  to  exceed  the  proportions  in  the  proprietary  grants.] 


1664/5]  NEW  JERSEY  CONCESSION  145 

[X.  The  assembly  to  provide  for  the  support  of  the  govern 
ment,  and  for  the  collection  of  rents  due  the  proprietors.] 

XI.  Lastly  to  enact,  constitute  and  ordain  all  such  other  laws, 
acts  and  constitutions  as  shall  or  may  be  necessary  for  the  good, 
prosperity  and  settlement  of  the  said  Province,  excepting  what 
by  these  presents  is  excepted,  and  conforming  to  the  limitations 
herein  expressed. 

THE  GOVERNOR  is  WITH  HIS  COUNCIL  BEFORE  EXPRESS 'D. 

First .  To  see  that  all  courts  establish'd  by  the  laws  of  the 
General  Assembly,  and  all  ministers  and  officers,  civil  and  mili 
tary,  do  and  execute  their  several  duties  and  offices  respectively, 
according  to  the  laws  in  force;  and  to  punish  them  for  swerving 
from  the  laws,  or  acting  contrary  to  their  trust,  as  the  nature  of 
their  offences  shall  require. 

II.  According  to  the  constitution  of  the  General  Assembly, 
to  nominate  and  commissionate,  the  several  judges,  members 
and  officers  of  courts,  whether  magistratical  or  ministerial  and 
all  other  civil  officers,  coroners,  &c.  and   their  commissions, 
powers  and  authority  to  revoke  at  pleasure :  provided,  that  they 
appoint  none  but  such  as  are  freeholders  .  .  .  ,  unless  the  General 
Assembly  consent. 

III.  According  to  the  constitution  of  the  General  Assembly, 
to  appoint  courts  and  officers  in  cases  criminal;  and  to  impower 
them  to  inflict  penalties  upon  offenders  against  any  of  the  laws 
in  force  in  the  said  Province,  as  the  said  laws  shall  ordain; 
whether  by  fine,  imprisonment,  banishment,  corporal  punishment, 
or  to  the  taking  away  of  member  or  life  itself  if  there  be  cause 
for  it. 

[IV.  To  nominate  and  commission  military  officers,  and  direct 
the  training  and  employment  of  the  troops.] 

[V.  To  grant  reprieves,  pending  the  decision  of  the  proprie 
tors.] 

[VI.  To  issue  writs  for  elections  to  fill  vacancies  in  the  as 
sembly.] 

VII.  To  make  warrants  and  seal  grants  of  land.  .  .   . 

VIII.  To  act  and  do  all  other  things  that  may  conduce  to  the 
safety,  peace  and  well-government  of  the  said  Province,  as  they 
shall  see  fit;  so  as  they  be  not  contrary  to  the  laws  of  the  said 
Province. 


I46  NEW  JERSEY  CONCESSION  [Feb.  10/20 

FOR  THE  BETTER  SECURITY  OF  THE  PROPRIETIES  OF  ALL  THE 

INHABITANTS. 

First.  They  are  not  to  impose  nor  suffer  to  be  imposed,  any 
tax,  custom,  subsidy,  tallage,  assessment,  or  any  other  duty  what 
soever  upon  any  colour  or  pretence,  upon  the  said  Province  and 
inhabitants  thereof,  other  than  what  shall  be  imposed  by  the 
authority  and  consent  of  the  General  Assembly,  and  then  only  in 
manner  as  aforesaid. 

II.  They  are  to  take  care,  that  lands  quietly  held,  planted  and 
possessed  seven  years,  after  its  being  duly  survey 'd  by  the  Sur 
veyor  General,  or  his  order,  shall  not  be  subject  to  any  review, 
resurvey  or  alteration  of  bounders,  on  what  pretence  soever  by 
any  of  us,  or  by  any  officer  or  minister  under  us. 

III.  They  are  to  take  care,  that  no  man,  if  his  cattle  stray, 
range  or  graze  on  any  ground  within  the  said  Province,  not  actu 
ally  appropriated  or  set  out  to  particular  persons,  shall  be  lyable 
to  pay  any  trespass  for  the  same,  to  us,  our  heirs  or  executors : 
Provided,  that  custom  of  commons  be  not  thereby  pretended  to, 
nor  any  person  hindered  from  taking  up,  and  appropriating  any 
lands  so  grazed  upon :  And  that  no  person  doth  purposely  suffer 
his  cattle  to  graze  on  such  lands. 

AND  THAT  THE   PLANTING   OF    THE    SAID   PROVINCE   MAY   BE   THE 
MORE   SPEEDILY   PROMOTED. 

[The  five  sections  under  this  heading  state  the  different  amounts 
of  land  granted  to  the  various  classes  of  persons  who  shall  settle 
in  the  province  prior  to  January,  1667/8.] 

V.  ...  Provided  always,  That  no  person  arriving  in  the  said 
Province,  with  purpose  to  settle  (they  being  subjects  or  natural 
ized  as  aforesaid)  be  denied  a  grant  of  such  proportions  of  land 
as  at  the  time  of  their  arrival  there  are  due  to  themselves  or  serv 
ants,  by  concession  from  us  as  aforesaid;  but  have  full  licence 
to  take  up  and  settle  the  same,  in  such  order  and  manner  as  is 
granted  or  prescrib'd  .  .  . 


1664/5]  NEW  JERSEY  CONCESSION  147 

AND   THAT   THE    LANDS    MAY     BE    THE    MORE    REGULARLY   LAID     OUT 
AND    ALL  PERSONS   THE  BETTER  ASCERTAIN'D   OF  THEIR  TITLE  AND 

POSSESSION. 

[Sections  I.  and  II.  prescribe  the  size  and  division  of  lots,  and 
the  method  of  recording  grants;  land  so  granted  to  be  held  in 
free  and  common  soccage,  paying  yearly  to  the  proprietors  a 
quit-rent  of  one-half  penny  per  acre.] 

III.  ITEM.     We  do  also  grant  convenient  proportions  of  land 
for  highways  and  for  streets,  not  exceeding  one  hundred  foot  in 
breadth  in  cities,  towns  and  vilages,  &c.  and  for  churches,  forts, 
wharfs,  kays,  harbours  and  for  publick  houses;  and  to  each  parish 
for  the  use  of  their  ministers  two  hundred  acres,  in  such  places 
as  the  General  Assembly  shall  appoint. 

IV.  ITEM.    The  Governor  is  to  take  notice,  that  all  such  lands 
laid  out  for  the  uses  and  purposes  aforesaid,  in  the  next  preceding 
article,  shall  be  free  and  exempt  from  all  rents,  taxes  and  other 
charges   and   duties   whatsoever,    payable    to   us,   our  heirs   or 
assigns. 

V.  ITEM.     That  in  laying  out  lands  for  cities,  towns,  vilages, 
boroughs,  or  other  hamblets,  the  said  lands  be  divided  into  seven 
parts;  one  seventh  part  whereof  to  be  by  lot  laid  out  for  us,  and 
the  rest  divided  to  such  as  shall  be  willing  to  build  thereon,  they 
paying  after  the  rate  of  one  penny  or  half-penny  per  acre  (accord 
ing  to  the  value  of  the  land)  yearly  to  us,  as  for  their  other  lands 
as  aforesaid;   which  said  lands   in  cities,  towns,  &c.  is  to  be 
assured  to  each  possessor  by  the  same  way  and  instrument  as  is 
before  mentioned. 

VI.  ITEM.     That  all  rules  relating  to  the  building  of  each 
street,  or  quantity  of  ground  to  be  allotted  to  each  house  within 
the  said  respective  cities,  boroughs  and  towns,  be  wholly  left  by 
act  as  aforesaid,  to  the  wisdom  and  discretion  of  the  General 
Assembly. 

VII.  ITEM.     That  the  inhabitants  of  the  said  Province  have 
free  passage  thro'  or  by  any  seas,  bounds,  creeks,  rivers  or  rive- 
lets,  &c.  in  the  said  Province,  thro'  or  by  which  they  must  neces 
sarily  pass  to  come  from  the  main  ocean  to  any  part  of  the 
Province  aforesaid. 

VIII.  Lastly.     It  shall  be  lawful  for  the  representatives  of  the 
Freeholders,  to  make  any  address  to  the  Lords  touching  the  Gov- 


148  SECOND  CHARTER  OF  CAROLINA     [June  3O/July  10 

ernor  and  Council,  or  any  of  them,  or  concerning  any  grievances 
whatsoever,  or  for  any  other  thing  they  shall  desire,  without  the 
consent  of  the  Governor  and  Council,  or  any  of  them.  .  .  . 


No.  32.    Second  Charter  of  Carolina 

June  so/July  10,  1665 

ALTHOUGH  the  Heath  grant  of  1629  had  been  declared  void  by  an  order  in 
council,  it  had  not  been  judicially  annulled;  and  it  was,  apparently,  to  quiet 
the  title  to  the  province,  as  well  as  to  enlarge  the  boundaries,  that  the  second 
Carolina  charter  was  obtained.  With  the  exception  of  the  definition  of  boun 
daries,  given  in  the  extract  following,  the  provisions  of  the  two  charters  are 
similar.  The  proprietary  government  under  the  charter  continued,  with  many 
vicissitudes,  until  1719,  when  it  was  overthrown;  but  the  proprietors  main 
tained  their  ownership  until  1729,  when  the  title  of  seven-eighths  of  the 
colony  was  purchased  by  the  Crown.  The  proprietor  of  the  remaining  one- 
eighth,  Lord  Carteret,  exchanged  his  portion  in  1743  for  a  narrow  strip  of 
land  between  35°  34'  north  latitude  and  the  southern  boundary  of  Virginia, 
which  he  retained  until  the  Revolution.  During  most  of  the  proprietary 
period  the  northern  and  southern  colonies  enjoyed  separate  governments, 
although  the  province  was  held  as  a  unit;  but  with  the  purchase  of  the 
proprietary  title  by  the  Crown,  in  1729,  North  and  South  Carolina  became 
separate  royal  provinces,  and  so  continued  until  the  adoption  of  State  consti 
tutions  in  1776. 

REFERENCES. —  Text  in  Statutes  at  Large  of  South  Carolina  (Cooper's  ed., 
1836),  I.,  31-40.  For  general  references,  see  under  No.  26,  ante. 

CHARLES  the  Second,  .  .  .  [&c.]  .  .  .  WHEREAS,  by 
our  Letters  Patents,  bearing  date  the  twenty-fourth  day  of  March, 
in  the  fifteenth  year  of  our  reign,  We  were  graciously  pleased  to 
grant  unto  our  right  trusty  and  right  well-beloved  Cousin  and 
Counsellor  Edward  Earl  of  Clarendon,  our  High  Chancellor  of 
England  .  .  .  [and  others]  ...  all  that  province,  territory,  or 
tract  of  ground,  called  Carolina,  situate,  lying  and  being  within 
our  dominions  of  America;  extending  from  the  north  end  of  the 
island  called  Luke-Island,  which  lieth  in  the  Southern  Virginia 
seas,  and  within  thirty-six  degrees  of  north  latitude;  and  to  the 
west,  as  far  as  the  South-Seas;  and  so  respectively  as  far  as  the 
river  of  Matthias,  which  bordereth  upon  the  coast  of  Florida, 
and  within  thirty-one  degrees  of 'north  latitude;  and  so  west, 
in  a  direct  line,  as  far  as  the  South-Seas  aforesaid. 

2d.    Now  know  ye,  that  we,  at  the  humble  request  of  the  said 


1665]  FUNDAMENTAL  CONSTITUTIONS  149 

grantees,  in  the  aforesaid  letters  patents  named,  and  as  a  further 
mark  of  our  especial  favour  towards  them,  we  are  graciously 
pleased  to  enlarge  our  said  grant  unto  them,  according  to  the 
bounds  and  limits  hereafter  specified,  and  in  favour  to  the  pious 
and  noble  purpose  of  the  said  Edward,  Earl  of  Clarendon,  George, 
Duke  of  Albemarle,  William,  Earl  of  Craven,  John,  Lord  Berkley, 
Anthony,  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton, 
and  Sir  William  Berkley,  their  heirs  and  assigns,  all  that  Prov 
ince,  territory,  or  tract  of  ground,  scituate,  lying  and  being 
within  our  dominions  of  America  aforesaid,  extending  north  and 
eastward  as  far  as  the  north  end  of  Charahake  river  or  gulet,  upon 
a  streight  westerly  line  to  Wyonoake  Creek,  which  lies  within 
or  about  the  degrees  of  thirty-six,  and  thirty  minutes  northern 
latitude,  and  so  west  in  a  direct  line  as  far  as  the  South-seas ;  and 
South  and  Westward  as  far  as  the  degrees  of  twenty-nine  inclusive 
northern  latitude,  and  so  west  in  a  direct  line,  as  far  as  the  South 
Seas ;  together  with  all  and  singular  ports,  harbours,  bays,  rivers, 
and  islets,  belonging  unto  the  Province  or  territory  aforesaid :  .  .  . 
4th.  And  that  the  Province  or  territory  hereby  granted  and 
described,  may  be  dignified  with  as  large  Titles  and  Priviledges 
as  any  other  parts  of  our  Dominions  and  territories  in  that  region, 
Know  ye,  that  we  ...  have  thought  fit  to  annex  the  same  tract 
of  ground  and  territory,  unto  the  same  province  of  Carolina ;  and 
out  of  the  fullness  of  our  royal  power  and  prerogative,  we  do  for 
us,  our  heirs  and  successors,  annex  and  unite  the  same  to  the  said 
Province  of  Carolina. 


No.  33.    Fundamental  Constitutions  of 
Carolina 

March  i/n,  1669/70 

IN  January,  1664/5,  the  proprietors  of  Carolina  executed  certain  "conces 
sions  and  agreements  "  for  the  government  of  the  colony.  In  1669  these  were 
followed  by  the  Fundamental  Constitutions,  a  general  frame  of  government, 
drawn  up  by  John  Locke,  then  private  secretary  to  Lord  Ashley.  The  first 
draft  of  the  Fundamental  Constitutions,  dated  July  21/31,  1669,  and  contain 
ing  81  articles,  was  superseded  March  i/u,  1669/70,  by  a  second,  in  120 
articles.  A  third  set,  also  in  120  articles,  was  issued  Jan.  12/22,  1681/2  ;  a 
fourth,  in  121  articles,  Aug.  17/27,  1682  ;  and  a  fifth  and  last,  reduced  to  41 


150  FUNDAMENTAL  CONSTITUTIONS  [March  i/n 

articles,  April  11/21,  1698.  The  Fundamental  Constitutions  were  early  seen 
to  be  ill-adapted  to  the  conditions  of  the  colony,  and  were  never  adopted  by 
the  freemen;  but  they  were  never  formally  abandoned  by  the  proprietors,  and 
remained  nominally  in  force  until  the  revolution  of  1719.  For  fifty  years  the 
attempts  to  give  effect  to  them  formed  an  important  ground  of  dispute  between 
the  proprietors  and  the  colonists. 

The  second  form  of  the  Fundamental  Constitutions,  the  one  generally  cited, 
is  given  here.  The  "  rules  of  precedency,"  appended  to  the  body  of  the 
document,  and  a  few  articles  of  minor  importance,  are  omitted. 

REFERENCES. —  Text  in  Locke's  Works  (ed.  1823),  X.,  175-199.  On  the 
historical  importance  of  the  Constitutions,  see  especially  McCrady's  South 
Carolina  under  the  Proprietary  Government. 

Our  sovereign  lord  the  king  having,  out  of  his  royal  grace  and 
bounty,  granted  unto  us  the  province  of  Carolina,  with  all  the 
royalties,  properties,  jurisdictions,  and  privileges,  of  a  county 
palatine,  as  large  and  ample  as  the  county  palatine  of  Durham, 
with  other  great  privileges,  for  the  better  settlement  of  the  gov 
ernment  of  the  said  place,  and  establishing  the  interest  of  the 
lords  proprietors  with  equality,  and  without  confusion;  and  that 
the  government  of  this  province  may  be  made  most  agreeable  to 
the  monarchy  under  which  we  live,  and  of  which  this  province  is 
a  part;  and  that  we  may  avoid  erecting  a  numerous  democracy: 
we,  the  lords  and  proprietors  of  the  province  aforesaid,  have 
agreed  to  this  following  form  of  government,  to  be  perpetually 
established  amongst  us,  unto  which  we  do  oblige  ourselves,  our 
heirs,  and  successors,  in  the  most  binding  ways  that  can  be 
devised. 

I.  The  eldest  of  the  lords  proprietors  shall  be  palatine;  and, 
upon  the  decease  of  the  palatine,  the  eldest  of  the  seven  surviving 
proprietors  shall  always  succeed  him. 

II.  There  shall  be  seven  other  chief  offices  erected,  viz.  the 
admiral's,   chamberlain's,    chancellor's,   constable's,   chief   jus 
tice's,  high  steward's,  and  treasurer's;  which   places  shall  be 
enjoyed  by  none  but  the  lords  proprietors,  to  be  assigned  at  first 
by  lot;  and  upon  the  vacancy  of  any  one  of  the  seven  great  offices 
by  death,  or  otherwise,  the  eldest  proprietor  shall  have  his  choice 
of  the  said  place. 

III.  The  whole  province  shall  be  divided  into  counties;  each 
county  shall  consist  of  eight  signiories,  eight  baronies,  and  four 
precincts;  each  precinct  shall  consist  of  six  colonies. 

IV.  Each  signiory,  barony,  and  colony,  shall  consist  of  twelve 


1669/70]  FUNDAMENTAL  CONSTITUTIONS 

thousand  acres ;  the  eight  signiories  being  the  share  of  the  eight 
proprietors,  and  the  eight  baronies  of  the  nobilities ;  both  which 
shares,  being  each  of  them  one  fifth  part  of  the  whole,  are  to  be 
perpetually  annexed,  the  one  to  the  proprietors,  the  other  to  the 
hereditary  nobility,  leaving  the  colonies,  being  three  fifths, 
amongst  the  people  :  so  that  in  setting  out,  and  planting  the  lands, 
the  balance  of  the  government  may  be  preserved. 

V.  At  any  time  before  the  year  one  thousand  seven  hundred 
and  one,  any  of  the  lords  proprietors  shall  have  power  to  relin 
quish,  alienate,  and  dispose  to  any  other  person,  his  proprietor 
ship,    and    all    the    signiories,    powers,    and    interest    thereunto 
belonging,  wholly  and  entirely  together,  and  not  otherwise.     But, 
after  the  year  one  thousand  seven  hundred,  those,  who  are  then 
lords  proprietors,  shall  not  have  power  to  alienate  or  make  over 
their  proprietorship,  with  the  signiories  and  privileges  thereunto 
belonging,  or  any  part  thereof,  to  any  person  whatsoever,  other 
wise  than  as  in  §  XVIII.  but  it  shall  all  descend  unto  their  heirs- 
male  ;  and,  for  want  of  heirs-male,  it  shall  all  descend  on  that 
landgrave,  or  cassique,  of  Carolina,  who  is  descended  of  the  next 
heirs-female  of  the  proprietor;    and,  for  want  of  such  heirs,  it 
shall  descend  on  the  next  heir-general ;    and,  for  want  of  such 
heirs,  the  remaining  seven  proprietors  shall,  upon  the  vacancy, 
choose  a  landgrave  to  succeed  the  deceased   proprietors,  who 
being  chosen  by  the  majority  of  the  seven  surviving  proprietors, 
he  and  his  heirs,  successively,  shall  be  proprietors,  as  fully  to  all 
intents  and  purposes,  as  any  of  the  rest. 

VI.  That  the  number  of  eight  proprietors  may  be  constantly 
kept ;  if,  upon  the  vacancy  of  any  proprietorship,  the  seven  sur 
viving  proprietors  shall  not  choose  a  landgrave  to  be  a  proprietor, 
before  the  second  biennial  parliament  after  the  vacancy;  then 
the  next  biennial   parliament  but   one  after  such  vacancy  shall 
have  power  to  choose  any  landgrave  to  be  a  proprietor. 

*********** 

IX.  There  shall  be  just  as  many  landgraves  as  there  are  coun 
ties,  and  twice  as  many  cassiques,  and  no  more.     These  shall  be 
the  hereditary  nobility  of  the  province,  and  by  right  of  their  dig 
nity  be  members  of  parliament.     Each  landgrave  shall  have  four 
baronies,  and  each  cassique  two  baronies,  hereditarily  and  unal 
terably  annexed  to,  and  settled  upon  the  said  dignity. 

X.  The  first  landgraves  and  cassiques  of  the  twelve  first  counties 


152  FUNDAMENTAL  CONSTITUTIONS          [March  i/u 

to  be  planted,  shall  be  nominated  thus;  that  is  to  say,  of  the 
twelve  landgraves,  the  lords  proprietors  shall  each  of  them, 
separately  for  himself,  nominate  and  choose  one;  and  the  re 
maining  four  landgraves  of  the  first  twelve,  shall  be  nominated 
and  chosen  by  the  palatine's  court.  In  like  manner,  of  the 
twenty-four  first  cassiques,  each  proprietor  for  himself  shall 
nominate  and  choose  two,  and  the  remaining  eight  shall  be  nomi 
nated  and  chosen  by  the  palatine's  court;  and  when  the  twelve 
first  counties  shall  be  planted,  the  lords  proprietors  shall  again 
in  the  same  manner  nominate  and  choose  twelve  more  landgraves, 
and  twenty-four  cassiques  for  the  twelve  next  counties  to  be 
planted;  that  is  to  say,  two-thirds  of  each  number  by  the  single 
nomination  of  each  proprietor  for  himself,  and  the  remaining 
one-third  by  the  joint  election  of  the  palatine's  court,  and  so 
proceed  in  the  same  manner  till  the  whole  province  of  Carolina 
be  set  out  and  planted,  according  to  the  proportions  in  these 
Fundamental  Constitutions. 

XI.  Any  landgrave  or  cassique  at  any  time  before  the  year  one 
thousand  seven  hundred  and  one,  shall  have  power  to  alienate, 
sell,  or  make  over  to  any  other  person,  his  dignity,  with  the 
baronies  thereunto  belonging,  all  entirely  together.  But  after 
the  year  one  thousand  seven  hundred,  no  landgrave  or  cassique 
shall  have  power  to  alienate,  sell,  make  over,  or  let  the  hereditary 
baronies  of  his  dignity,  or  any  part  thereof,  otherwise  than  as  in 
§  XVIII;  they  shall  all  entirely  with  the  dignity  thereunto  be 
longing,  descend  unto  his  heirs  male;  and  for  want  of  heirs 
male,  all  entirely  and  undivided,  to  the  next  heir  general;  and 
for  want  of  such  heirs,  shall  devolve  into  the  hands  of  the  lords 
proprietors. 

*        *        *        *        *        *     •    *        *        *        *        * 

XIII.  No  one  person  shall  have  more  than  one  dignity,  with 
the  signiories  or  baronies  thereunto  belonging.  But  whensoever 
it  shall  happen,  that  any  one,  who  is  already  proprietor,  land 
grave,  or  cassique,  shall  have  any  of  these  dignities  descend  to 
him  by  inheritance,  it  shall  be  at  his  choice  to  keep  which  of  the 
dignities,  with  the  lands  annexed,  he  shall  like  best;  but  shall 
leave  the  other,  with  the  lands  annexed,  to  be  enjoyed  by  him, 
who  not  being  his  heir  apparent,  and  certain  successor  to  his 
present  dignity,  is  next  of  blood. 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  153 

XVI.  In  every  signiory,  barony,  and  manor,  the  respective 
lord  shall  have  power  in  his  own  name  to  hold  court-leet  there, 
for  trying  of  all  causes  both  civil  and  criminal;  but  where  it  shall 
concern  any  person  being  no  inhabitant,  vassal,  or  leet-man  of 
the  said  signiory,  barony,  or  manor,  he,  upon  paying  down  of 
forty  shillings  to  the  lords  proprietors'  use,  shall  have  an  appeal 
from  the  signiory  or  barony-court  to  the  county-court,  and  from 
the  manor-court  to  the  precinct-court. 

XVII.  Every  manor  shall  consist  of  not  less  than  three  thousand 
acres,  and  not  above  twelve  thousand  acres  in  one  entire  piece 
and  colony:  but  any  three  thousand  acres  or  more  in  one  piece, 
and  the  possession  of  one  man,  shall  not  be  a  manor,  unless  it 
be  constituted  a  manor  by  the  grant  of  the  palatine's  court. 

XVIII.  The  lords  of  signiories  and  baronies  shall  have  power 
only  of  granting  estates  not  exceeding  three  lives,  or  thirty-one 
\Jwenty-one\  years,  in  two-thirds  of  the  said  signiories  or  baronies, 
and  the  remaining  third  shall  be  always  demesne. 

XIX.  Any  lord  of  a  manor  may  alienate,  sell,  or  dispose  to 
any  other  person  and  his  heirs  forever,  his  manor,  all  entirely 
together,  with  all  the  privileges  and  leet-men  thereunto  belong 
ing,  so  far  forth  as  any  colony  lands;  but  no  grant  of  any  part 
thereof,  either  in  fee,  or  for  any  longer  term  than  three  lives,  or 
one-and-twenty  years,  shall  be  good  against  the  next  heir. 

XX.  No  manor,   for  want   of    issue-male,    shall   be   divided 
amongst  coheirs;  but  the  manor,  if  there  be  but  one,  shall  all 
entirely  descend  to  the  eldest  daughter  and  her  heirs.     If  there 
be  more  manors  than  one,  the  eldest  daughter  first  shall  have  her 
choice,  the  second  next,  and  so  on,  beginning  again  at  the  eldest, 
till  all  the  manors  be  taken  up;   that  so  the  privileges,  which 
belong  to  manors  being  indivisible,  the  lands  of  the  manors,  to 
which  they  are  annexed,  may  be  kept  entire,  and  the  manor  not 
lose   those   privileges,   which,   upon   parcelling   out   to   several 
owners,  must  necessarily  cease. 

*********** 

XXII.  In  every  signiory,  barony,  and  manor,  all  the  leet-men 
shall  be  under  the  jurisdiction  of  the  respective  lords  of  the  said 
signiory,  barony,  or  manor,  without  appeal  from  him.  Nor  shall 
any  leet-man,  or  leet-woman,  have  liberty  to  go  off  from  the  land 
of  their  particular  lord,  and  live  any  where  else,  without  licence 
obtained  from  their  said  lord,  under  hand  and  seal. 


154  FUNDAMENTAL  CONSTITUTIONS          [March  i/ii 

XXIII.    All  the  children  of  leet-men  shall  be  leet-men,  and  so 
to  all  generations. 

*********** 

XXV.  Whoever  shall  voluntarily  enter  himself  a  leet-man,  in 
the  registry  of  the  county-court,  shall  be  a  leet-man. 

XXVI.  Whoever  is  lord  of  leet-men,  shall  upon  the  marriage  of 
a  leet-man,  or  leet-woman  of  his,  give  them  ten  acres  of  land  for 
their  lives ;  they  paying  to  him  therefore  not  more  than  one-eighth 
part  of  all  the  yearly  produce  and  growth  of  the  said  ten  acres. 

XXVII.  No  landgrave   or   cassique    shall   be   tried   for   any 
criminal  cause,  in  any  but  the  chief-justice's  court,  and  that  by 
a  jury  of  his  peers. 

XXVIII.  There  shall  be  eight  supreme  courts.     The  first  called 
the  palatine's  court,  consisting  of  the  palatine,  and  the  other 
seven  proprietors.    The  other  seven  courts  of  the  other  seven 
great  officers,   shall  consist  each  of  them  of  a  proprietor,  and 
six  counsellors  added  to  him.     Under  each  of  these  latter  seven 
courts,  shall  be  a  college  of  twelve  assistants.     The  twelve  as 
sistants  of  the  several  colleges  shall  be  chosen,  two  out  of  the 
landgraves,  cassiques,  or  eldest  sons  of  the  proprietors,  by  the 
palatine's  court;  two  out  of  the  landgraves,  by  the  landgraves' 
chamber;  two  out  of  the  cassiques,  by  the  cassiques'  chamber; 
four  more  of  the  twelve  shall  be  chosen  by  the  commons'  chamber, 
out  of  such  as  have  been,  or  are  members  of  parliament,  sheriffs, 
or  justices  of  the  county-court,  or  the  younger  sons  of  proprietors, 
or  eldest  sons  of  landgraves  or  cassiques;  the  two  other  shall  be 
chosen  by  the  palatine's  court,  out  of  the  same  sort  of  persons, 
out  of  which  the  commons'  chamber  is  to  choose. 

XXIX.  Out  of  these  colleges  shall  be  chosen  at  first  by  the 
palatine's  court,  six  counsellors,  to  be  joined  with  each  proprietor 
in  his  court;  of  which  six,  one  shall  be  of  those,  who  were  chosen 
into  any  of  the  colleges  by  the  palatine's  court,  out  of  the  land 
graves,  cassiques,  or  eldest  sons  of  proprietors;  one  out  of  those 
who  were  chosen  by  the  landgraves'  chamber;  and  one  out  of 
those,  who  were  chosen  by  the  cassiques'  chamber;  two  out  of 
those,  who  were  chosen  by  the  commons'  chamber;  and  one  out 
of  those,  who  were  chosen  by  the  palatine's  court,  out  of  the 
proprietors'  younger  sons,  or  eldest  sons  of  landgraves,  cassiques, 
or  commons,  qualified  as  aforesaid. 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  155 

XXXI.  No  man,  being  a  member  of  the  grand  council,  or  of 
any  of  the  seven  colleges,  shall  be  turned  out,  but  for  misde 
meanor,  of  which  the  grand  council  shall  be  judge;   and  the 
vacancy  of  the  person  so  put  out  shall  be  filled,  not  by  the  elec 
tion  of  the  grand  council,  but  by  those,  who  first  chose  him,  and 
out  of  the  same  degree  he  was  of,  who  is  expelled.     But  it  is  not 
hereby  to  be  understood,  that  the  grand  council  hath  any  power 
to  turn  out  any  one  of  the  lords  proprietors  or  their  deputies,  the 
lords  proprietors  having  in  themselves  an  inherent  original  right. 

XXXII.  All  elections  in  the  parliament,  in  the  several  cham 
bers  of  the  parliament,  and  in  the  grand  council,  shall  be  passed 
by  balloting. 

XXXIII.  The  palatine's  court  shall  consist  of  the  palatine, 
and  seven  proprietors,  wherein  nothing  shall  be  acted  without  the 
presence  and  consent  of  the  palatine  or  his  deputy,  and  three 
others  of  the  proprietors  or  their  deputies.     This  court  shall  have 
power  to  call  parliaments,  to  pardon  all  offences,  to  make  elec 
tions  of  all  officers  in  the  proprietors'  dispose,  and  to  nominate 
and  appoint  port-towns;  and  also  shall  have  power,  by  their  order 
to  the  treasurer,  to  dispose  of  all  public  treasure,  excepting  money 
granted  by  the  parliament,  and  by  them  directed  to  some  par 
ticular  public  use;  and  also  shall  have  a  negative  upon  all  acts, 
orders,  votes,  and  judgments,  of  the  grand  council  and  the  par 
liament,  except  only  as  in  §  VI.  and  XII.  and  shall  have  all 
the  powers  granted  to  the  lords  proprietors,  by  their  patent  from 
our  sovereign  lord  the  king,  except  in  such  things  as  are  limited 
by  these  Fundamental  Constitutions. 

XXXIV.  The  palatine  himself,  when  he  in  person  shall  be 
either  in  the  army,  or  in  any  of  the  proprietors'  courts,  shall  then 
have  the  power  of  general,  or  of  that  proprietor,  in  whose  court 
he  is  then  present;  and  the  proprietor,  in  whose  court  the  pala 
tine  then  presides,  shall  during  his  presence  there  be  but  as  one 
of  the  council. 

XXXV.  The  chancellor's  court,  consisting  of  one  of  the  pro 
prietors,  and  his  six  counsellors,  who  shall  be  called  vice-chan 
cellors,  shall  have  the  custody  of  the  seal  of  the  palatine,  under 
which  charters  of  lands  or  otherwise,  commissions  and  grants  of 
the  palatine's  court,  shall  pass.     And  it  shall  not  be  lawful  to 
put  the  seal  of  the  palatinate  [palatine}  to  any  writing,  which  is 
not  signed  by  the  palatinate  \_palatine\  or  his  deputy,  and  three 


156  FUNDAMENTAL  CONSTITUTIONS          [March  i/ii 

other  proprietors  or  their  deputies.  To  this  court  also  belong  all 
state  matters,  despatches,  and  treaties  with  the  neighbour  Indians. 
To  this  court  also  belong  all  invasions  of  the  law,  of  liberty  of 
conscience,  and  all  disturbances  of  the  public  peace,  upon  pre 
tence  of  religion,  as  also  the  licence  of  printing.  The  twelve 
assistants  belonging  to  this  court  shall  be  called  recorders. 
########### 

XXXVII.  The   chancellor,    or   his   deputy,    shall   be   always 
speaker  in  parliament,  and  president  of  the  grand  council;  and 
in  his  and  his  deputy's  absence,  one  of  his  vice-chancellors. 

XXXVIII.  The  chief  justice's  court,  consisting  of  one  of  the 
proprietors  and  his  six  counsellors,  who  shall  be  called  justices 
of  the  bench,   shall  judge  all  appeals  in  cases  both  civil  and 
criminal,  except  all  such  cases  as  shall  be  under  the  jurisdiction 
and  cognizance  of  any  other  of  the  proprietors'  courts,  which 
shall  be  tried  in  those  courts  respectively.     The  government  and 
regulation  of  registries  of  writings  and  contracts  shall  belong  to 
the  jurisdiction  of  this  court.     The  twelve  assistants  of  this  court 
shall  be  called  masters. 

XXXIX.  The  constable's  court,  consisting  of  one  of  the  pro 
prietors  and  his  six  counsellors,  who  shall  be  called  marshals, 
shall  order  and  determine  of  all  military  affairs  by  land,  and  all 
land-forces,  arms,  ammunition,  artillery,  garrisons  and  forts,  &c. 
and  whatever  belongs  unto  war.     His  twelve  assistants  shall  be 
called  lieutenant-generals. 

XL.  In  time  of  actual  war,  the  constable,  whilst  he  is  in  the 
army,  shall  be  general  of  the  army;  and  the  six  counsellors,  or 
such  of  them  as  the  palatine's  court  shall  for  that  time  or  service 
appoint,  shall  be  the  immediate  great  officers  under  him,  and 
the  lieutenant-generals  next  to  them. 

XLI.  The  admiral's  court,  consisting  of  one  of  the  proprietors, 
and  his  six  counsellors,  called  consuls,  shall  have  the  care  and 
inspection  over  all  ports,  moles,  and  navigable  rivers,  so  far  as 
the  tide  flows,  and  also  all  the  public  shipping  of  Carolina,  and 
stores  thereunto  belonging,  and  all  maritime  affairs.  This  court 
also  shall  have  the  power  of  the  court  of  admiralty;  and  shall  have 
power  to  constitute  judges  in  port-towns,  to  try  cases  belonging  to 
law-merchant,  as  shall  be  most  convenient  for  trade.  The  twelve 
assistants,  belonging  to  this  court,  shall  be  called  proconsuls. 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  157 

XLIII.  The  treasurer's  court,  consisting  of  a  proprietor  and 
his  six  counsellors,  called  under-treasurers,  shall  take  care  of  all 
matters  that  concern  the  public  revenue  and  treasury.  The  twelve 
assistants  shall  be  called  auditors. 

XLIV.  The  high  steward's  court,  consisting  of  a  proprietor 
and  his  six  counsellors,  called  comptrollers,  shall  have  the  care 
of  all  foreign  and  domestic  trade,  manufactures,  public  buildings, 
work-houses,  highways,  passages  by  water  above  the  flood  of  the 
tide,  drains,  sewers,  and  banks  against  inundations,  bridges, 
posts,  carriers,  fairs,  markets,  corruption  or  infection  of  the 
common  air  or  water,  and  all  things  in  order  to  the  public  com 
merce  and  health;  also  setting  out  and  surveying  of  lands;  and 
also  setting  out  and  appointing  places  for  towns  to  be  built  on 
in  the  precincts,  and  the  prescribing  and  determining  the  figure 
and  bigness  of  the  said  towns,  according  to  such  models  as  the 
said  court  shall  order;  contrary  or  differing  from  which  models 
it  shall  not  be  lawful  for  any  one  to  build  in  any  town.  This 
court  shall  have  power  also  to  make  any  public  building,  or  any 
new  highway,  or  enlarge  any  old  highway,  upon  any  man's  land 
whatsoever;  as  also  to  make  cuts,  channels,  banks,  locks,  and 
bridges,  for  making  rivers  navigable,  or  for  draining  fens,  or  any 
other  public  use.  The  damage  the  owner  of  such  lands,  (on  or 
through  which  any  such  public  things  shall  be  made)  shall  receive 
thereby,  shall  be  valued,  and  satisfaction  made  by  such  ways  as 
the  grand  council  shall  appoint.  The  twelve  assistants,  belong 
ing  to  this  court,  shall  be  called  surveyors. 

XLV.  The  chamberlain's  court,  consisting  of  a  proprietor  and 
six  counsellors,  called  vice-chamberlains,  shall  have  the  care  of 
all  ceremonies,  precedency,  heraldry,  reception  of  public  mes 
sengers,  pedigrees,  the  registry  of  all  births,  burials,  and  mar 
riages,  legitimation,  and  all  cases  concerning  matrimony,  or 
arising  from  it;  and  shall  also  have  power  to  regulate  all  fashions, 
habits,  badges,  games,  and  sports.  To  this  court  also  it  shall 
belong  to  convocate  the  grand  council.  The  twelve  assistants 
belonging  to  this  court  shall  be  called  provosts. 

XLVI.  All  causes  belonging  to,  or  under  the  jurisdiction  of, 
any  of  the  proprietors'  courts,  shall  in  them  respectively  be  tried, 
and  ultimately  determined  without  any  farther  appeal. 

XLVII.  The  proprietors'  courts  shall  have  a  power  to  mitigate 
all  fines,  and  suspend  all  executions  in  criminal  causes,  either 


158  FUNDAMENTAL  CONSTITUTIONS          [March  I/H 

before  or  after  sentence,   in  any  of  the  other  inferior  courts 
respectively. 

XLVIII.  In  all  debates,  hearings,  or  trials,  in  any  of  the  pro 
prietors'  courts,  the  twelve  assistants  belonging  to  the  said  courts 
respectively  shall  have  liberty  to  be  present,  but  shall  not  inter 
pose,  unless  their  opinions  be  required,  nor  have  any  vote  at  all; 
but  their  business  shall  be,  by  the  direction  of  the  respective 
courts,  to  prepare  such  business  as  shall  be  committed  to  them; 
as  also  to  bear  such  offices,  and  despatch  such  affairs,  either 
where  the  court  is  kept,  or  elsewhere,  as  the  court  shall  think  fit. 

XLIX.  In  all  the  proprietors'  courts,  the  proprietor,  and  any 
three  of  his  counsellors,  shall  make  a  quorum;  provided  always, 
that  for  the  better  despatch  of  business,  it  shall  be  in  the  power 
of  the  palatine's  court  to  direct  what  sort  of  causes  shall  be  heard 
and  determined  by  a  quorum  of  any  three. 

L.  The  grand  council  shall  consist  of  the  palatine  and  seven 
proprietors,  and  the  forty-two  counsellors  of  the  several  pro 
prietors'  courts,  who  shall  have  power  to  determine  any  contro 
versies  that  may  arise  between  any  of  the  proprietors'  courts  about 
their  respective  jurisdictions,  or  between  the  members  of  the 
same  court  about  their  manner  and  methods  of  proceeding;  to 
make  peace  and  war,  leagues,  treaties,  &c.  with  any  of  the  neigh 
bour  Indians;  to  issue  out  their  general  orders  to  the  constable's 
and  admiral's  courts,  for  the  raising,  disposing,  or  disbanding 
the  forces,  by  land  or  by  sea. 

LI.  The  grand  council  shall  prepare  all  matters  to  be  proposed 
in  parliament.  Nor  shall  any  matter  whatsoever  be  proposed  in 
parliament,  but  what  hath  first  passed  the  grand  council;  which, 
after  having  been  read  three  several  days  in  the  parliament,  shall 
by  majority  of  votes  be  passed  or  rejected. 

LII.  The  grand  council  shall  always  be  judges  of  all  causes 
and  appeals  that  concern  the  palatine,  or  any  of  the  lords  pro 
prietors,  or  any  counsellor  of  any  proprietor's  court,  in  any  cause, 
which  otherwise  should  have  been  tried  in  the  court  in  which  the 
said  counsellor  is  judge  himself. 

LIII.  The  grand  council,  by  their  warrants  to  the  treasurer's 
court,  shall  dispose  of  all  the  money  given  by  the  parliament, 
and  by  them  directed  to  any  particular  public  use. 

LIV.  The  quorum  of  the  grand  council  shall  be  thirteen, 
whereof  a  proprietor,  or  his  deputy,  shall  be  always  one. 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  159 

LV.  The  grand  council  shall  meet  the  first  Tuesday  in  every 
month,  and  as  much  oftener  as  either  they  shall  think  fit,  or  they 
shall  be  convocated  by  the  chamberlain's  court. 

LVI.  The  palatine,  or  any  of  the  lords  proprietors,  shall  have 
power,  under  hand  and  seal,  to  be  registered  in  the  grand  council, 
to  make  a  deputy,  who  shall  have  the  same  power,  to  all  intents 
and  purposes,  as  he  himself  who  deputes  him;  except  in  con 
firming  acts  of  parliament,  as  in  §  LXXVL,  and  except  also  in 
nominating  and  choosing  landgraves  and  cassiques,  as  in  §  X. 
All  such  deputations  shall  cease  and  determine  at  the  end  of  four 
years,  and  at  any  time  shall  be  revocable  at  the  pleasure  of  the 
deputator. 

LVII.  No  deputy  of  any  proprietor  shall  have  any  power, 
whilst  the  deputator  is  in  any  part  of  Carolina,  except  the  pro 
prietor,  whose  deputy  he  is,  be  a  minor. 


LIX.  The  eldest  of  the  lords  proprietors,  who  shall  be  per 
sonally  in  Carolina,  shall  of  course  be  the  palatine's  deputy,  and 
if  no  proprietor  be  in  Carolina,  he  shall  choose  his  deputy  out 
of  the  heirs-apparent  of  any  of  the  proprietors,  if  any  such  be 
there;  and  if  there  be  no  heir-apparent  of  any  of  the  lords  pro 
prietors  above  one-and-twenty  years  old,  in  Carolina,  then  he 
shall  choose  for  deputy  any  one  of  the  landgraves  of  the  grand 
council :  till  he  have,  by  deputation,  under  hand  and  seal,  chosen 
any  one  of  the  fore-mentioned  heirs  apparent,  or  landgraves,  to 
be  his  deputy,  the  eldest  man  of  the  landgraves,  and  for  want  of 
a  landgrave,  the  eldest  man  of  the  cassiques,  who  shall  be  per 
sonally  in  Carolina,  shall  of  course  be  his  deputy. 

LX.  Each  proprietor's  deputy  shall  be  always  one  of  his  own 
six  counsellors  respectively;  and  in  case  any  of  the  proprietors 
hath  not,  in  his  absence  out  of  Carolina,  a  deputy,  commissioned 
under  his  hand  and  seal,  the  eldest  nobleman  of  his  court  shall 
of  course  be  his  deputy. 

LXI.  In  every  county  there  shall  be  a  court,  consisting  of  a 
sheriff  and  four  justices  of  the  county,  for  every  precinct  one. 
The  sheriff  shall  be  an  inhabitant  of  the  county,  and  have  at  least 
five  hundred  acres  of  freehold  within  the  said  county;  and  the 
justices  shall  be  inhabitants,  and  have  each  of  them  five  hundred 
acres  a-piece  freehold  within  the  precinct  for  which  they  serve 


160  FUNDAMENTAL  CONSTITUTIONS          [March  i/u 

respectively.  These  five  shall  be  chosen  and  commissioned  from 
time  to  time  by  the  palatine's  court. 

LXII.  For  any  personal  causes  exceeding  the  value  of  two 
hundred  pounds  sterling,  or  in  title  of  land,  or  in  any  criminal 
cause :  either  party,  upon  paying  twenty  pounds  sterling  to  the 
lords  proprietors'  use,  shall  have  liberty  of  appeal  from  the  county- 
court  unto  the  respective  proprietor's  court. 

LXIII.  In  every  precinct  there  shall  be  a  court,  consisting  of 
a  steward  and  four  justices  of  the  precinct,  being  inhabitants, 
and  having  three  hundred  acres  of  freehold  within  the  said  pre 
cinct,  who  shall  judge  all  criminal  causes,  except  for  treason, 
murder,  and  any  other  offences  punishable  with  death,  and  except 
all  criminal  causes  of  the  nobility;  and  shall  judge  also  all  civil 
causes  whatsoever;  and  in  all  personal  actions,  not  exceeding 
fifty  pounds  sterling,  without  appeal;  but  where  the  cause  shall 
exceed  that  value,  or  concern  a  title  of  land,  and  in  all  criminal 
causes,  there  either  party,  upon  paying  five  pounds  sterling  to 
the  lords  proprietors'  use,  shall  have  liberty  of  appeal  to  the 
county  court. 

LXIV.  No  cause  shall  be  twice  tried  in  any  one  court,  upon 
any  reason  or  pretence  whatsoever. 

LXV.  For  treason,  murder,  and  all  other  offences  punishable 
with  death,  there  shall  be  a  commission,  twice  a  year  at  least, 
granted  unto  one  or  more  members  of  the  grand  council,  or  col 
leges,  who  shall  come  as  itinerant  judges  to  the  several  counties, 
and,  with  the  sheriff  and  four  justices,  shall  hold  assizes  to  judge 
all  such  causes;  but,  upon  paying  of  fifty  pounds  sterling  to  the 
lords  proprietors'  use,  there  shall  be  liberty  of  appeal  to  the 
respective  proprietor's  court. 

LXVI.  The  grand  jury  at  the  several  assizes  shall,  upon  their 
oaths,  and  under  their  hands  and  seals,  deliver  in  to  their  itin 
erant  judges  a  presentment  of  such  grievances,  misdemeanors, 
exigencies,  or  defects,  which  they  think  necessary  for  the  public 
good  of  the  country;  which  presentments  shall,  by  the  itinerant 
judges,  at  the  end  of  their  circuit,  be  delivered  in  to  the  grand 
council  at  their  next  sitting.  And  whatsoever  therein  concerns 
the  execution  of  laws  already  made,  the  several  proprietors' 
courts,  in  the  matters  belonging  to  each  of  them  respectively, 
shall  take  cognizance  of  it,  and  give  such  order  about  it  as  shall 
be  effectual  for  the  due  execution  of  the  laws.  But  whatever 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  l6l 

concerns  the  making  of  any  new  law  shall  be  referred  to  the 
several  respective  courts  to  which  that  matter  belongs,  and  be  by 
them  prepared  and  brought  to  the  grand  council. 

LXVII.  For  terms,  there  shall  be  quarterly  such  a  certain 
number  of  days,  not  exceeding  one-and-twenty  at  any  one  time, 
as  the  several  respective  courts  shall  appoint.  The  time  for  the 
beginning  of  the  term,  in  the  precinct-court,  shall  be  the  first 
Monday  in  January,  April,  July,  and  October;  in  the  county- 
court,  the  first  Monday  in  February,  May,  August,  and  November; 
and  in  the  proprietors'  courts,  the  first  Monday  in  March,  June, 
September,  and  December. 

LXVIII.  In  the  precinct-court  no  man  shall  be  a  juryman 
under  fifty  acres  of  freehold.  In  the  county-court,  or  at  the 
assizes,  no  man  shall  be  a  grand  juryman  under  three  hundred 
acres  of  freehold;  and  no  man  shall  be  a  petty  juryman  under 
two  hundred  acres  of  freehold.  In  the  proprietors'  courts  no 
man  shall  be  a  juryman  under  five  hundred  acres  of  freehold. 

LXIX.  Every  jury  shall  consist  of  twelve  men;  and  it  shall 
not  be  necessary  they  should  all  agree,  but  the  verdict  shall  be 
according  to  the  consent  of  the  majority. 

LXX.  It  shall  be  a  base  and  vile  thing  to  plead  for  money  or 
reward;  nor  shall  any  one  (except  he  be  a  near  kinsman,  not 
farther  off  than  cousin-german  to  the  party  concerned)  be  per 
mitted  to  plead  another  man's  cause,  till  before  the  judge,  in 
open  court,  he  hath  taken  an  oath,  that  he  doth  not  plead  for 
money  or  reward,  nor  hath,  nor  will  receive,  nor  directly,  nor  in 
directly,  bargained  with  the  party  whose  cause  he  is  going  to 
plead,  for  money  or  any  other  reward,  for  pleading  his  cause. 

LXXI.  There  shall  be  a  parliament,  consisting  of  the  proprie 
tors,  or  their  deputies,  the  landgraves  and  cassiques,  and  one 
freeholder  out  of  every  precinct,  to  be  chosen  by  the  freeholders 
of  the  said  precinct  respectively.  They  shall  sit  all  together  in 
one  room,  and  have  every  member  one  vote. 

LXXII.  No  man  shall  be  chosen  a  member  of  parliament  who 
hath  less  than  five  hundred  acres  of  freehold  within  the  precinct 
for  which  he  is  chosen;  nor  shall  any  have  a  vote  in  choosing  the 
said  member  that  hath  less  than  fifty  acres  of  freehold  within  the 
said  precinct. 

LXXIII.  A  new  parliament  shall  be  assembled  the  first  Monday 
of  the  month  of  November  every  second  year,  and  shall  meet  and 


!62  FUNDAMENTAL  CONSTITUTIONS  [March  i/ii 

sit  in  the  town  they  last  sat  in,  without  any  summons,  unless,  by 
the  palatine's  court,  they  be  summoned  to  meet  at  any  other 
place.  And  if  there  shall  be  any  occasion  of  a  parliament  in 
these  intervals,  it  shall  be  in  the  power  of  the  palatine's  court  to 
assemble  them  in  forty  days'  notice,  and  at  such  time  and  place 
as  the  said  court  shall  think  fit;  and  the  palatine's  court  shall 
have  power  to  dissolve  the  said  parliament  when  they  shall 
think  fit. 

LXXIV.  At  the  opening  of  every  parliament,  the  first  thing 
that  shall  be  done  shall  be  the  reading  of  these  Fundamental 
Constitutions,  which  the  palatine  and  proprietors,  and  the  rest 
of  the  members  then  present,  shall  subscribe.  Nor  shall  any 
person  whatsoever  sit  or  vote  in  the  parliament,  till  he  hath  that 
session  subscribed  these  Fundamental  Constitutions,  in  a  book 
kept  for  that  purpose  by  the  clerk  of  the  parliament. 

LXXV.  In  order  to  the  due  election  of  members  for  the 
biennial  parliament,  it  shall  be  lawful  for  the  freeholders  of  the 
respective  precincts  to  meet  the  first  Tuesday  in  September  every 
two  years,  in  the  same  town  or  place  that  they  last  met  in  to 
choose  parliament-men;  and  there  choose  those  members  that 
are  to  sit  the  next  November  following,  unless  the  steward  of  the 
precinct  shall,  by  sufficient  notice  thirty  days  before,  appoint 
some  other  place  for  their  meeting,  in  order  to  the  election. 

LXXVI.  No  act,  or  order  of  parliament,  shall  be  of  any  force, 
unless  it  be  ratified  in  open  parliament,  during  the  same  session, 
by  the  palatine  or  his  deputy,  and  three  more  of  the  lords  pro 
prietors,  or  their  deputies;  and  then  not  to  continue  longer  in 
force  but  until  the  next  biennial  parliament,  unless,  in  the  mean 
time,  it  be  ratified  under  the  hands  and  seals  of  the  palatine  him 
self,  and  three  more  of  the  lords  proprietors  themselves,  and  by 
their  order  published  at  the  next  biennial  parliament. 

LXXVI  I.  Any  proprietor,  or  his  deputy,  may  enter  his  pro 
testation  against  any  act  of  the  parliament,  before  the  palatine  or 
his  deputy's  consent  be  given  as  aforesaid;  if  he  shall  conceive 
the  said  act  to  be  contrary  to  this  establishment,  or  any  of  these 
Fundamental  Constitutions  of  the  government.  And  in  such 
case,  after  full  and  free  debate,  the  several  estates  shall  retire 
into  four  several  chambers:  the  palatine  and  proprietors  into 
one;  the  landgraves  into  another;  the  cassiques  into  another; 
and  those  chosen  by  the  precincts  into  a  fourth;  and  if  the  major 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  163 

part  of  any  of  the  four  estates  shall  vote  that  the  law  is  not  agree 
able  to  this  establishment,  and  these  Fundamental  Constitutions 
of  the  government,  then  it  shall  pass  no  farther,  but  be  as  if  it 
had  never  been  proposed. 

LXXVIII.  The  quorum  of  the  parliament  shall  be  one-half  of 
those  who  are  members,  and  capable  of  sitting  in  the  house  that 
present  session  of  parliament.  The  quorum  of  each  of  the 
chambers  of  parliament  shall  be  one-half  of  the  members  of  that 
chamber. 

LXXIX.  To  avoid  multiplicity  of  laws,  which  by  degrees 
always  change  the  right  foundations  of  the  original  government, 
all  acts  of  parliament  whatsoever,  in  whatsoever  form  passed  or 
enacted,  shall  at  the  end  of  an  hundred  years  after  their  enacting, 
respectively  cease  and  determine  of  themselves,  and  without  any 
repeal  become  null  and  void,  as  if  no  such  acts  or  laws  had  ever 
been  made. 

LXXX.  Since  multiplicity  of  comments,  as  well  as  of  laws,  have 
great  inconvenience,  and  serve  only  to  obscure  and  perplex;  all 
manner  of  comments  and  expositions,  on  any  part  of  these  Fun 
damental  Constitutions,  or  any  part  of  the  common  or  statute 
law  of  Carolina,  are  absolutely  prohibited. 

LXXXI.  There  shall  be  a  registry  in  every  precinct,  wherein 
shall  be  enrolled  all  deeds,  leases,  judgments,  mortgages,  and 
other  conveyances,  which  may  concern  any  of  the  land  within 
the  said  precinct;  and  all  such  conveyances,  not  so  entered  or 
registered,  shall  not  be  of  force  against  any  person  or  party  to 
the  said  contract  or  conveyance. 

LXXXII.  No  man  shall  be  register  of  any  precinct  who  hath 
not  at  least  three  hundred  acres  of  freehold  within  the  said 
precinct. 

LXXXIII.  The  freeholders  of  every  precinct  shall  nominate 
three  men;  out  of  which  three,  the  chief  justice's  court  shall 
choose  and  commission  one  to  be  register  of  the  said  precinct, 
whilst  he  shall  well  behave  himself. 

LXXXI V.  There  shall  be  a  registry  in  every  signiory,  barony, 
and  colony,  wherein  shall  be  recorded  all  the  births,  marriages, 
and  deaths,  that  shall  happen  within  the  respective  signiories, 
baronies,  and  colonies. 

LXXXV.  No  man  shall  be  register  of  a  colony  that  hath  not 
above  fifty  acres  of  freehold  within  the  said  colony. 


1 64  FUNDAMENTAL  CONSTITUTIONS          [March  i/u 

LXXXVI.  The  time  of  every  one's  age,  that  is  born  in  Caro 
lina,  shall  be  reckoned  from  the  day  that  his  birth  is  entered  in 
the  registry,  and  not  before. 

LXXXVII.  No  marriage  shall  be  lawful,  whatever  contract 
and  ceremony  they  have  used,  till  both  the  parties  mutually  own 
it  before  the  register  of  the  place  where  they  were  married,  and  he 
register  it,  with  the  names  of  the  father  and  mother  of  each  party. 

LXXXVIII.  No  man  shall  administer  to  the  goods,  or  have 
right  to  them,  or  enter  upon  the  estate  of  any  person  deceased, 
till  his  death  be  registered  in  the  respective  registry. 

LXXXIX.  He  that  doth  not  enter,  in  the  respective  registry, 
the  birth  or  death  of  any  person  that  is  born,  or  dies,  in  his  house 
or  ground,  shall  pay  to  the  said  register  one  shilling  per  week 
for  each  such  neglect,  reckoning  from  the  time  of  each  birth,  or 
death,  respectively,  to  the  time  of  registering  it. 

XC.  In  like  manner  the  births,  marriages,  and  deaths,  of  the 
lords  proprietors,  landgraves,  and  cassiques,  shall  be  registered 
in  the  chamberlain's  court. 

XCI.  There  shall  be  in  every  colony  one"  constable,  to  be 
chosen  annually  by  the  freeholders  of  the  colony;  his  estate  shall 
be  above  a  hundred  acres  of  freehold  within  the  said  colony,  and 
such  subordinate  officers  appointed  for  his  assistance,  as  the 
county-court  shall  find  requisite,  and  shall  be  established  by  the 
said  county-court.  The  election  of  the  subordinate  annual  offi 
cers  shall  be  also  in  the  freeholders  of  the  colony. 

XCII.  All  towns  incorporate  shall  be  governed  by  a  mayor, 
twelve  aldermen,  and  twenty-four  of  the  common-council.  The 
said  common-council  shall  be  chosen  by  the  present  householders 
of  the  said  town;  the  aldermen  shall  be  chosen  out  of  the  common- 
council;  and  the  mayor  out  of  the  aldermen,  by  the  palatine's 
court. 

XCIII.  It  being  of  great  consequence  to  the  plantation,  that 
port-towns  should  be  built  and  preserved;  therefore  whosoever 
shall  lade  or  unlade  any  commodity  at  any  other  place  but  a  port- 
town,  shall  forfeit  to  the  lords  proprietors,  for  each  tun  so  laden 
or  unladen,  the  sum  of  ten  pounds  sterling;  except  only  such 
goods  as  the  palatine's  court  shall  license  to  be  laden  or  unladen 
elsewhere. 

XCIV.  The  first  port-town  upon  every  river  shall  be  in  a 
colony,  and  be  a  port-town  forever. 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  165 

XCV.  No  man  shall  be  permitted  to  be  a  freeman  of  Carolina, 
or  to  have  any  estate  or  habitation  within  it,  that  doth  not  ac 
knowledge  a  God;  and  that  God  is  publicly  and  solemnly  to  be 
worshipped. 

XCVI.  [As  the  country  comes  to  be  sufficiently  planted  and  dis 
tributed  into  fit  divisions,  it  shall  belong  to  the  parliament  to 
take  care  for  the  building  of  churches,  and  the  public  mainten 
ance  of  divines,  to  be  employed  in  the  exercise  of  religion, 
according  to  the  Church  of  England;  which  being  the  only  true 
and  orthodox,  and  the  national  religion  of  all  the  king's  domin 
ions,  is  so  also  of  Carolina;  and  therefore  it  alone  shall  be 
allowed  to  receive  public  maintenance,  by  grant  of  parliament.*] 

XCVII.  But  since  the  natives  of  that  place,  who  will  be  con 
cerned  in  our  plantation,  are  utterly  strangers  to  Christianity, 
whose  idolatry,  ignorance,  or  mistake,  gives  us  no  right  to  expel, 
or  use  them  ill;  and  those  who  remove  from  other  parts  to  plant 
there,  will  unavoidably  be  of  different  opinions  concerning  mat 
ters  of  religion,  the  liberty  whereof  they  will  expect  to  have 
allowed  them,  and  it  will  not  be  reasonable  for  us  on  this  account 
to  keep  them  out;  that  civil  peace  may  be  maintained  amidst  the 
diversity  of  opinions,  and  our  agreement  and  compact  with  all 
men  may  be  duly  and  faithfully  observed;  the  violation  whereof, 
upon  what  pretence  soever,  cannot  be  without  great  offence  to 
Almighty  God,  and  great  scandal  to  the  true  religion,  which  we 
profess;  and  also  that  Jews,  heathens,  and  other  dissenters  from 
the  purity  of  the  Christian  religion,  may  not  be  scared  and  kept 
at  a  distance  from  it,  but  by  having  an  opportunity  of  acquainting 
themselves  with  the  truth  and  reasonableness  of  its  doctrines, 
and  the  peaceableness  and  inoffensiveness  of  its  professors,  may 
by  good  usage  and  persuasion,  and  all  those  convincing  methods 
of  gentleness  and  meekness,  suitable  to  the  rules  and  design  of 
the  gospel,  be  won  over  to  embrace  and  unfeignedly  receive  the 
truth;  therefore  any  seven  or  more  persons,  agreeing  in  any  reli 
gion,  shall  constitute  a  church  or  profession,  to  which  they  shall 
give  some  name,  to  distinguish  it  from  others. 

*  The  following  footnote  is  appended  to  this  article  in  Locke's  Works :  "  This 
article  was  not  drawn  up  by  Mr.  Locke ;  but  inserted  by  some  of  the  chief  of  the 
proprietors,  against  his  judgment  ;  as  Mr.  Locke  himself  informed  one  of  his 
friends,  to  whom  he  presented  a  copy  of  these  constitutions."  Cf.  McCrady's 
Hist,  of  S.  C.  under  the  Prop.  Gov.,  104-106. 


166  FUNDAMENTAL  CONSTITUTIONS  [March  i/ii 

XCVIII.  The  terms  of  admittance  and  communion  with  any 
church  or  profession  shall  be  written  in  a  book,  and  therein  be 
subscribed  by  all  the  members  of  the  said  church  or  profession; 
which  book  shall  be  kept  by  the  public  register  of  the  precinct 
wherein  they  reside. 

XCIX.  The  time  of  every  one's  subscription  and  admittance 
shall  be  dated  in  the  said  book  or  religious  record. 

C.  In  the  terms  of  communion  of  every  church  or  profession, 
these  following  shall  be  three;  without  which  no  agreement  or 
assembly  of  men,  upon  pretence  of  religion,  shall  be  accounted 
a  church  or  profession  within  these  rules : 

1.  "That  there  is  a  GOD. 

2.  "That  GOD  is  publicly  to  be  worshipped. 

3.  "That  it  is  lawful,  and  the  duty  of  every  man,  being  there 
unto  called  by  those  that  govern,  to  bear  witness  to  truth;  and 
that  every  church  or  profession  shall  in  their  terms  of  communion 
set  down  the  external  way  whereby  they  witness  a  truth  as  in  the 
presence  of  GOD,  whether  it  be  by  laying  hands  on,  or  kissing 
the  Bible,  as  in  the  Church  of  England,  or  by  holding  up  the 
hand,  or  any  other  sensible  way." 

CI.  No  person  above  seventeen  years  of  age  shall  have  any 
benefit  or  protection  of  the  law,  or  be  capable  of  any  place  of 
profit  or  honour,  who  is  not  a  member  of  some  church  or  profes 
sion,  having  his  name  recorded  in  some  one,  and  but  one  religious 
record  at  once. 

CII.  No  person  of  any  other  church  or  profession  shall  dis 
turb  or  molest  any  religious  assembly. 

GUI.  No  person  whatsoever  shall  speak  any  thing  in  their 
religious  assembly,  irreverently  or  seditiously  of  the  government 
or  governors,  or  of  state-matters. 

*********** 

CVI.  No  man  shall  use  any  reproachful,  reviling,  or  abusive 
language,  against  any  religion  of  any  church  or  profession;  that 
being  the  certain  way  of  disturbing  the  peace,  and  of  hindering 
the  conversion  of  any  to  the  truth,  by  engaging  them  in  quarrels 
and  animosities,  to  the  hatred  of  the  professors  and  that  profes 
sion,  which  otherwise  they  might  be  brought  to  assent  to. 

CVI  I.  Since  charity  obliges  us  to  wish  well  to  the  souls  of  all 
men,  and  religion  ought  to  alter  nothing  in  any  man's  civil  estate 
or  right,  it  shall  be  lawful  for  slaves,  as  well  as  others,  to  enter 


1669/70]  FUNDAMENTAL  CONSTITUTIONS  l6/ 

themselves,  and  be  of  what  church  or  profession  any  of  them 
shall  think  best,  and  thereof  be  as  fully  members  as  any  freeman. 
But  yet  no  slave  shall  hereby  be  exempted  from  that  civil  do 
minion  his  master  hath  over  him,  but  be  in  all  other  things  in 
the  same  state  and  condition  he  was  in  before. 

CVIII.  Assemblies,  upon  what  pretence  soever  of  religion, 
not  observing  and  performing  the  abovesaid  rules,  shall  not  be 
esteemed  as  churches,  but  unlawful  meetings,  and  be  punished 
as  other  riots. 

CIX.  No  person  whatsoever  shall  disturb,  molest,  or  persecute 
another  for  his  speculative  opinions  in  religion,  or  his  way  of 
worship. 

CX.  Every  freeman  of  Carolina  shall  have  absolute  power  and 
authority  over  his  negro  slaves,  of  what  opinion  or  religion  soever. 

CXI.  No  cause,  whether  civil  or  criminal,  of  any  freeman, 
shall  be  tried  in  any  court  of  judicature,  without  a  jury  of  his 
peers. 

CXII.  No  person  whatsoever  shall  hold  or  claim  any  land  in 
Carolina  by  purchase  or  gift,  or  otherwise,  from  the  natives  or 
any  other  whatsoever;  but  merely  from  and  under  the  lords  pro 
prietors;  upon  pain  of  forfeiture  of  all  his  estate,  moveable  or 
immoveable,  and  perpetual  banishment. 

CXIII.  Whosoever  shall  possess  any  freehold  in  Carolina, 
upon  what  title  or  grant  soever,  shall,  at  the  farthest  from  and 
after  the  year  one  thousand  six  hundred  eighty-nine,  pay  yearly 
unto  the  lords  proprietors,  for  each  acre  of  land,  English  measure, 
as  much  fine  silver  as  is  at  this  present  in  one  English  penny,  or 
the  value  thereof,  to  be  as  a  chief  rent  and  acknowledgment  to 
the  lords  proprietors,  their  heirs  and  successors  for  ever.  And 
it  shall  be  lawful  for  the  palatine's  court  by  their  officers,  at  any 
time,  to  take  a  new  survey  of  any  man's  land,  not  to  out  \_ousi] 
him  of  any  part  of  his  possession,  but  that  by  such  a  survey  the 
just  number  of  acres  he  possesseth  may  be  known,  and  the  rent 
thereupon  due  may  be  paid  by  him. 

CXIV.  All  wrecks,  mines,  minerals,  quarries  of  gems,  and 
precious  stones,  with  pearl-fishing,  whale-fishing,  and  one  half 
of  all  ambergris,  by  whomsoever  found,  shall  wholly  belong  to 
the  lords  proprietors. 

CXV.  All  revenues  and  profits  belonging  to  the  lords  proprie 
tors,  in  common,  shall  be  divided  into  ten  parts,  whereof  the 


!68  THIRD  NAVIGATION  ACT  [1672 

palatine  shall  have  three,  and  each  proprietor  one;  but  if  the 
palatine  shall  govern  by  a  deputy,  his  deputy  shall  have  one  of 
those  three-tenths,  and  the  palatine  the  other  two-tenths. 

CXVI.  All  inhabitants  and  freemen  of  Carolina  above  seven 
teen  years  of  age,  and  under  sixty,  shall  be  bound  to  bear  arms, 
and  serve  as  soldiers  whenever  the  grand  council  shall  find  it 
necessary. 

CXVII.  A  true  copy  of  these  Fundamental  Constitutions  shall 
be  kept  in  a  great  book  by  the  register  of  every  precinct,  to  be 
subscribed  before  the  said  register.  Nor  shall  any  person  of 
what  degree  or  condition  soever,  above  seventeen  years  old,  have 
any  estate  or  possession  in  Carolina,  or  protection  or  benefit  of 
the  law  there,  who  hath  not,  before  a  precinct  register,  subscribed 
these  Fundamental  Constitutions  in  this  form : 

"  I  A.  B.  do  promise  to  bear  faith  and  true  allegiance  to  our 
sovereign  lord  King  Charles  the  Second,  his  heirs  and  successors; 
and  will  be  true  and  faithful  to  the  palatine  and  lords  proprietors 
of  Carolina,  their  heirs  and  successors;  and  with  my  utmost 
power  will  defend  them,  and  maintain  the  government  according 
to  this  establishment  in  these  Fundamental  Constitutions." 

CXVIII.  Whatsoever  alien  shall,  in  this  form,  before  any  pre 
cinct  register,  subscribe  these  Fundamental  Constitutions,  shall 
be  thereby  naturalized. 

CXIX.  In  the  same  manner  shall  every  person,  at  his  admit 
tance  into  any  office,  subscribe  these  Fundamental  Constitutions. 

CXX.  These  Fundamental  Constitutions,  in  number  a  hundred 
and  twenty,  and  every  part  thereof,  shall  be  and  remain  the 
sacred  and  unalterable  form  and  rule  of  government  of  Carolina 
for  ever.  , 


No.  34.    Third  Navigation  Act 

1672 

V-. 

THE  immediate  object  of  the  act  of  1672  was  to  prevent  the  illegal  trade  in 
tobacco  between  the  American  colonies  and  the  continent  of  Europe.  Tobacco 
was  one  of  the  articles  which,  by  the  Navigation  Act  of  1660,  could  be  exported 
only  to  England  or  to  another  colony;  but  the  increasing  demand  for  this 
product,  together  with  the  high  price  which  must  be  paid  for  such  tobacco  as 
had  paid  customs  duty  in  England,  served  to  encourage  smuggling  and  illicit 
trade.  The  distinguishing  feature  of  the  act  of  1672  is  the  requirement  of  a 


1672]  THIRD   NAVIGATION  ACT  169 

bond  that  the  "  enumerated  articles  "  would  be  landed  in  England,  and  the 
imposition  of  specified  duties  in  case  of  failure  of  the  merchant  to  comply. 

REFERENCES.  —  Text  in  Statutes  of  the  Realm,  V.,  792,  793.  The  act  is 
cited  as  25  Car.  II.,  c.  7.  The  regulation  of  the  trade  in  tobacco  was  the 
subject  of  various  acts;  these  are  enumerated  and  discussed  in  the  works  of 
Channing  and  Beer,  cited  under  No.  22,  ante. 

AN  ACT  for  the  incouragement  of  the  Greeneland  and  Eastland 
Trades,  and  for  the  better  secureing  the  Plantation  Trade. 

[V.]  AND  whereas  by  one  Act  passed  in  this  present  Parlyament 
in  the  twelfth  yeare  of  your  Majestyes  Raigne  entituled  An  Act 
for  (*)  encouragement  of  Shipping  and  Navigation,  and  by 
severall  other  Lawes  passed  since  that  time  it  is  permitted  to 
shipp,  carry,  convey  and  transport  Sugar,  Tobacco,  Cotton-wooll, 
Indicoe,  Ginger,  Fusticke  and  all  other  Dying  wood  of  the 
Growth,  Production  and  Manufacture  of  any  of  your  Majestyes 
Plantations  in  America,  Asia  or  Africa  from  the  places  of  their 
Growth  Production  and  Manufacture  to  any  other  of  your  Majes 
tyes  Plantations  in  those  Parts  (Tangier  onely  excepted)  and  that 
without  paying  of  Custome  for  the  same  either  at  ladeing  or 
unladeing  of  the  said  Commodityes  by  meanes  whereof  the  Trade 
and  Navigation  in  those  Commodityes  from  one  Plantation  to 
another  is  greatly  increased,  and  the  Inhabitants  of  diverse  of 
those  Colonies  not  contenting  themselves  with  being  supplyed 
with  those  Commodities  for  their  owne  use  free  from  all  Customes 
(while  the  Subjects  of  this  your  Kingdome  of  England  have  paid 
great  Customes  and  Impositions  for  what  of  them  hath  beene 
spent  here)  but  contrary  to  the  expresse  Letter  of  the  aforesaid 
Lawes  have  brought  into  diverse  parts  of  Europe  great  quantities 
thereof,  and  doe  alsoe  [dayly  f]  vend  great  quantities  thereof  to 
the  shipping  of  other  Nations  who  bring  them  into  diverse  parts 
of  Europe  to  the  great  hurt  and  diminution  of  your  Majestyes 
Customes  and  of  the  Trade  and  Navigation  of  this  your  King- 
dome;  For  the  prevention  thereof  .  .  .  bee  it  enacted  .  .  .  That 
from  and  after  the  first  day  of  September  which  shall  bee  in  the 
yeare  of  our  Lord  One  thousand  six  hundred  seaventy  and  three 
If  any  Shipp  or  Vessell  which  by  Law  may  trade  in  any  of  your 
Majesties  Plantations  shall  come  to  any  of  them  to  shipp  and 
take  on  board  any  of  the  aforesaid  Commodities,  and  that  Bond 

*  The  in  the  original  Ms.  t  Interlined  in  the  Roll. 


THIRD   NAVIGATION  ACT  [1672 

shall  not  be  first  given  with  one  sufficient  Surety  to  bring  the 
same  to  England  or  Wales  or  the  Towne  of  Berwicke  upon  Tweede 
and  to  noe  other  place,  and  there  to  unloade  and  putt  the  same 
on  shoare  (the  danger  of  the  Seas  onely  excepted)  that  there  shall 
be  answered  and  paid  to  your  Majestic  your  Heires  and  Succes 
sors  for  soe  much  of  the  said  Commodities  as  shall  be  laded  and 
putt  on  board  such  Shipp  or  Vessell  these  following  Rates  and 
Dutyes,  That  is  to  say 

For  Sugar  White  the  hundred  Weight  containing  one  hundred 
and  twelve  pounds  five  shillings; 

And  Browne  Sugar  and  Muscavadoes  the  hundred  weight  con 
taining  one  hundred  and  twelve  pounds  one  shilling  [and*]  six 
pence; 

For  Tobacco  the  pound  one  penny; 

For  Cotton- wooll  the  pound  one  halfe-penny; 

For  Indicoe  the  pound,  two  pence; 

For  Ginger  the  hundred  Weight  containing  one  hundred  and 
twelve  pounds  one  shilling; 

For  Logwood  the  hundred  Weight  containing  one  hundred  and 
twelve  pounds,  five  pounds, 

For  Fusticke  and  all  other  Dying-wood  the  hundred  Weight 
containing  one  hundred  and  twelve  pounds  six  pence; 

And  alsoe  for  every  pound  of  Cacao-nutts  one  penny,  to  be 
leavyed,  collected  and  paid  at  such  places,  and  to  such  Collectors 
and  other  Officers  as  shall  be  appointed  in  the  respective  Planta 
tions  to  collect,  leavy  and  receive  the  same  before  the  ladeing 
thereof,  and  under  such  Penalties  both  to  the  Officers  and  upon 
the  Goods  as  for  non-payment  of,  or  defrauding  his  Majestic  of 
his  Customes  in  England. 

[VI.]  AND  for  the  better  collection  of  the  severall  Rates  and 
Dutyes  aforesaid  imposed  by  this  Act,  Bee  it  enacted  .  .  .  That 
this  whole  business  shall  bee  ordered  and  mannaged,  and  the 
severall  Dutyes  hereby  imposed  shall  be  caused  to  be  leavyed  by 
the  Commissioners  of  the  Customes  in  England,  now  and  for  the 
time  being  by  and  under  the  authoritie  and  directions  of  the 
Lord  Treasurer  of  England  or  Commissioners  of  the  Treasury 
for  the  Time  being. 

*********** 

*  6*  in  the  original. 


1676]  QUINTIPARTITE  DEED  1 71 

No.  35.    Grant  of  New  Jersey  to  Carteret 

July  ag/August  8,  1674 

THE  territory  granted  to  Berkeley  and  Carteret  by  the  Duke  of  York,  in 
1664  (No.  30),  had  not  been  divided.  In  March,  1673/4,  Berkeley  conveyed 
his  undivided  moiety  to  John  Fenwick,  a  Quaker,  in  trust  for  Edward  Byl- 
lynge,  for  ^1000.  The  grant  of  July,  1674,  confirming  Carteret's  interest  in 
the  original  grant  of  1664,  made  for  the  first  time  a  division  of  New  Jersey, 
and  gave  to  Carteret  the  eastern  portion  of  the  province. 

REFERENCES. —  Text  in  Learning  and  Spicer's  Grants,  etc.  (ed.  1881), 
46-48. 

[The  conveyance  recites  the  grant  of  June  29/July  9,  1674,  to 
the  Duke  of  York,  and  continues :] 

Now  this  indenture  witnesseth,  that  his  said  Royal  Highness 
JAMES  Duke  of  York,  for  and  in  consideration  of  a  competent 
sum  of  good  and  lawful  money  of  England  to  his  Royal  Highness 
in  hand  paid  by  the  said  Sir  George  Carteret  .  .  .  ,  by  these 
presents  doth  grant,  bargain,  sell,  release  and  confirm  unto  the 
said  Sir  George  Carteret,  his  heirs  and  assigns  for  ever,  all  that 
tract  of  land  adjacent  to  New  England,  and  lying  and  being  to 
the  westward  of  Long  Island  and  Manhitas  Island,  and  bounded 
on  the  east  part  by  the  main  sea,  and  part  by  Hudson's  river,  and 
extends  southward  as  far  as  a  certain  creek  called  Barnegatt  being 
about  the  middle,  between  Sandy  Point  and  Cape  May,  and 
bounded  on  the  west  in  a  strait  line  from  the  said  creek  called 
Barnegatt,  to  a  certain  creek  in  Delaware  river,  next  adjoining 
to  and  below  a  certain  creek  in  Delaware  river  called  Renkokus 
Kill,  and  from  thence  up  the  said  Delaware  river  to  the  norther- 
most  branch  thereof,  which  is  in  forty  one  degrees  and  forty 
minutes  of  latitude;  and  on  the  north,  crosseth  over  thence  in  a 
strait  line  to  Hudson's  river,  in  forty  one  degrees  of  latitude; 
which  said  tract  of  land  is  hereafter  to  be  called  by  the  name  or 
names  of  New  Caeserea  or  New  Jersey 


No.  36.    Quintipartite  Deed 

July  i/n,  1676, 

SHORTLY  after  the  conveyance  to  Fenwick,  in  1673/4,  of  Berkeley's  undi 
vided  moiety  of  New  Jersey  (see  note  to  No.  35),  a  dispute  arose  between 


1^2  QUINTIPARTITE  DEED  [July  i/n 

Fenwick  and  Byllynge  in  regard  to  their  respective  interests.  The  matter  was 
referred  to  the  decision  of  William  Penn,  who  awarded  one-tenth  to  Fenwick 
and  nine-tenths  to  Byllynge.  In  February,  1674,  Byllynge  having  failed  in 
business,  his  share  was  conveyed  to  William  Penn,  Gawen  Laurie,  and 
Nicholas  Lucas,  for  the  benefit  of  his  creditors.  Fenwick's  share  was  leased 
for  one  thousand  years  to  John  Eldridge  and  Edmond  Warner,  who  conveyed 
it  to  Penn  and  his  associates  in  order  to  enable  the  latter  to  make  a  new 
division  of  New  Jersey  with  Carteret,  the  division  made  by  Carteret's  grant  of 
1674  being  thought  inequitable.  By  this  quintipartite  deed,  the  province  was 
divided  into  East  and  West  New  Jersey,  East  New  Jersey  being  assigned  to 
Carteret,  but  with  boundaries  somewhat  different  from  those  laid  down  in  the 
grant  of  1674.  The  proprietors  of  West  New  Jersey,  still  acting  as  trustees  of 
Byllynge,  reconveyed  one-tenth  of  their  share  to  Eldridge  and  Warner;  and  in 
1680  this  division  was  confirmed  by  a  new  grant  of  West  New  Jersey  from  the 
Duke  of  York,  in  which,  however,  the  governmental  rights  were  reserved  to 
Byllynge  and  his  representatives.  Fenwick  still  asserted  rights  in  the  prem 
ises,  and  his  efforts  to  maintain  them  led  to  protracted  controversy  with  the 
proprietors,  and  with  the  authorities  at  New  York. 

REFERENCES. —  Text  in  Learning  and  Spicer's  Grants,  etc.  (ed.  1881), 
61-72 ;  the  same  work  contains  the  various  deeds  and  conveyances  enumer 
ated  above.  On  the  controversy  with  Fenwick,  see  Hazard's  Annals  of  Penn 
sylvania,  419^.,-  for  the  documents,  see  New  Jersey  Archives,  I. 

[The  deed  recites  the  grant  of  1664  to  the  Duke  of  York,  the 
grant  of  the  same  year  from  the  Duke  of  York  to  Berkeley  and 
Carteret,  the  conveyance  of  March,  1673,  from  Berkeley  to  Fen 
wick,  and  the  agreement  of  February,  1674,  between  Fenwick, 
Byllinge,  Penn,  Lawry  and  Lucas,  and  continues:]  And  Whereas 
they  the  said  Sir  George  Carteret,  William  Penn,  Gawn  Lawry, 
Nicholas  Lucas  and  Edward  Billinge;  have  agreed  to  make  a 
partition  between  them  of  the  said  tract  of  land,  and  of  the  said 
several  and  respective  premises  whereof  they  now  stand  so  seized 
as  tenants  in  common  as  aforesaid,  and  it  hath  been  agreed  be 
tween  them,  that  the  said  Sir  George  Carteret  shall  have  for  his 
share  and  part  of  the  said  tract  of  land,  and  of  the  said  several 
and  respective  premises  to  be  holden  by  him  .  .  .  ,  and  to  be 
from  henceforth  called  ...  by  the  name  of  East  New  Jersey,  all 
that  easterly  part  ...  of  the  said  tract  of  land  and  premises, 
lying  on  the  east  side  and  eastward  of  a  strait  and  direct  line 
drawn  thro'  the  said  premises  from  north  to  south.  .  .  .  And 
that  thje  said  William  Penn,  Gawn  Lawrie,  and  Nicholas  Lucas, 
shalHiave  their  share  and  part  of  the  said  tract  of  land  .  .  .  ,  to 
be  holden  by  them  ...  in  severalty  .  .  .  ,  subject  to  the  same 
trust  for  the  benefit  of  the  said  Edward  Billinge,  as  the  said 


1676]  QUINTIPARTITE  DEED  173 

undivided  moiety  was  subject,  and  to  be  from  henceforth  called 
...  by  the  name  of  West  New  Jersey,  all  that  westerly  part  .  .  . 
of  the  said  tract  of  land  and  premises,  lying  on  the  west  side  and 
westward  of  the  aforesaid  strait  and  direct  line  drawn  thro'  the 
said  premises  from  north  to  south  as  aforesaid,  as  is  hereafter 
also  particularly  described.  Now  these  presents  witness,  that  in 
pursuance  and  performance  of  the  said  before  recited  agreement, 
and  for  the  better  perfecting  of  the  said,  conditions  are  agreed 
to  be  made  as  aforesaid;  and  for  and  in  consideration  of  five 
shillings  to  them  the  said  William  Penn,  Gawn  Lawry,  Nicholas 
Lucas  and  Edward  Billinge  in  hand  paid  by  the  said  Sir  George 
Carteret  .  .  .  ,  the  said  Edward  Billinge  .  .  .  ,  William  Penn, 
Gawn  Lawry  and  Nicholas  Lucas  ...  do  ...  convey  unto  the 
said  Sir  George  Carteret,  his  heirs  and  assigns  forever,  all  that 
easterly  part  ...  of  the  said  tract  of  land  and  premises  so  granted 
and  conveyed  by  his  said  Royal  Highness  the  said  JAMES  Duke 
of  York,  unto  the  said  John  Lord  Berkeley  and  Sir  George 
Carteret  as  aforesaid,  extending  eastward  and  northward  along 
the  sea  coast  and  the  said  river  called  Hudson's  river,  from  the 
east  side  of  a  certain  place  or  harbour  lying  on  the  southern  part 
of  the  same  tract  of  land,  and  commonly  called  or  known  in  a 
map  of  the  said  tract  of  land,  by  the  name  of  Little  Egg  Harbour, 
to  that  part  of  the  said  river  called  Hudson's  river,  which  is  in 
forty-one  degrees  of  latitude,  being  the  furthermost  part  of  the 
said  tract  of  land  and  premises  which  is  bounded  by  the  said 
river,  and  crossing  over  from  thence  in  a  strait  line,  extending 
from  that  part  of  Hudson's  river  aforesaid  to  the  northermost 
branch,  or  part  of  the  before  mentioned  river  called  Delaware 
river,  and  to  the  most  northerly  point  or  boundary  of  the  said 
tract  of  land  and  premises,  so  granted  by  his  said  Royal  Highness 
JAMES  Duke  of  York,  unto  the  said  Lord  Berkeley  and  Sir  George 
Carteret,  now  by  the  consent  and  agreement  of  the  said  parties 
to  these  presents,  called  and  agreed  to  be  called  the  north  parti 
tion  point,  and  from  .  .  .  the  said  north  partition  point  extending 
southward  by  a  strait  and  direct  line,  drawn  from  the  said  north 
partition  southward,  thro'  the  said  tract  of  land,  unto  the  most 
southardly  point  of  the  east  side  of  Little  Egg  Harbour  aforesaid; 
which  said  most  southardly  point  ...  is  now  .  .  .  called  -and 
agreed  to  be  from  henceforth  called,  the  south  partition  point: 
and  which  said  strait  and  direct  line  ...  is  now  by  the  consent 


174  CONCESSIONS  OF  WEST  NEW  JERSEY      [March  3/13 

and  agreement  of  the  said  parties  to  these  presents,  called  and 
agreed  to  be  called,  the  line  of  partition,  which  is  the  line  herein 
before  mentioned  to  be  intended  .  .  .  for  the  dividing  and  mak 
ing  a  partition  or  separation  of  the  said  easterly  part  .  .  .  from 
the  westerly  part  ...  of  the  said  tract  of  land  and  premises,  so 
conveyed  by  his  said  Royal  Highness  aforesaid,  in  and  by  these 
presents  intended  to  be  ...  convey 'd  by  the  said  Sir  George 
Carteret  unto  the  said  William  Penn,  Gawn  Lawry  and  Nicholas 
Lucas  .  .  .  ;  which  said  easternly  part  ...  is  now  .  .  .  called  and 
agreed  from  henceforth  to  be  called,  by  the  name  of  East  New 
Jersey;  .  .  .  [And  in  further  performance  of  the  before-men 
tioned  agreement,  and  in  consideration  of  a  like  sum  of  five 
shillings,]  the  said  Sir  George  Carteret  .  .  .  doth  by  these  presents 
.  .  .  convey  unto  the  said  William  Penn,  Gawn  Lawry,  and 
Nicholas  Lucas,  and  to  their  heirs  and  assigns  forever,  all  that 
westerly  part  ...  of  the  said  tract  of  land  and  premises  so  granted 
by  his  said  Royal  Highness,  the  said  JAMES  Duke  of  York,  unto 
the  said  John  Lord  Berkley  and  Sir  George  Carteret,  as  aforesaid; 
and  which  said  westerly  part  ...  is  ...  extending  southward 
and  westward,  and  northward  along  the  sea  coast,  and  the  before 
mentioned  bay  and  river  commonly  called  and  known  by  the 
name  or  names  of  Delaware  bay  and  Delaware  river,  from  the 
said  south  partition  point  before  mentioned  .  .  .  ,  unto  the  said 
north  partition  point  .  .  .  ;  and  from  ...  the  said  north  parti 
tion  point,  extending  southward  unto  the  said  south  partition 
point,  ...  by  the  said  before  mentioned  strait  and  direct  line 
called  the  line  of  partition  .  .  .  ;  all  which  said  westerly  part 
.  .  .  [is]  called  and  agreed  from  henceforth  to  be  called  by  the 
name  of  West  Jersey.  .  .  . 


No.  37.    Concessions  and  Agreements  of 
West  New  Jersey 

March  3/13,  1676/7 

THE  Concessions  and  Agreements  of  West  New  Jersey,  signed  by  151  of 
the  proprietors,  freeholders,  and  inhabitants,  were  probably  in  large  part  the 
work  of  William  Penn,  and  are  interesting,  aside  from  their  liberal  provisions, 
as  the  earliest  example  of  Quaker  legislation  in  America, 


1676/7]  CONCESSIONS  OF  WEST  NEW  JERSEY  175 

REFERENCES. —  Text  in  Learning  and  Spicer's  Grants,  etc.  (ed.  1881), 
382-411.  The  laws  passed  in  West  New  Jersey,  1681-1701,  are  in  tt.f  423- 
587- 

THE  CONCESSIONS  AND  AGREEMENTS  OF  THE  PROPRIETORS,  FREE 
HOLDERS  AND  INHABITANTS  OF  THE  PROVINCE  OF  WEST  NEW 
JERSEY,  IN  AMERICA. 

[Chapters  I. -III.  provide  for  the  appointment  of  commissioners 
to  administer  the  affairs  of  the  province  until  the  meeting  of  a 
general  assembly.  Chapters  IV.-XII.  contain  provisions  regard 
ing  the  allotment,  survey,  registration,  and  possession  of  land, 
quit-rents,  taxation,  etc.,  similar  to  those  in  the  Concessions  of 
1665  (No.  31).] 

CHAPTER  XIII.  That  these  following  Concessions  are  the  Com 
mon  Law,  or  Fundamental  Rights,  of  the  Province  of  West  New 
Jersey. 

That  the  common  law  or  fundamental  rights  and  privileges  of 
West  New  Jersey,  are  individually  agreed  upon  by  the  Proprietors 
and  freeholders  thereof,  to  be  the  foundation  of  the  government, 
which  is  not  to  be  altered  by  the  Legislative  authority,  or  free 
Assembly  hereafter  mentioned  and  constituted,  but  that  the  said 
Legislative  authority  is  constituted  according  to  these  funda 
mentals,  to  make  such  laws  as  agree  with,  and  maintain  the  said 
fundamentals,  and  to  make  no  laws  that  in  the  least  contradict, 
differ  or  vary  from  the  said  fundamentals,  under  what  pretence 
or  alligation  soever. 

CHAPTER  XIV.  BUT  if  it  so  happen  that  any  person  or  persons 
of  the  said  General  Assembly,  shall  therein  designedly,  willfully, 
and  maliciously,  move  or  excite  any  to  move,  any  matter  or  thing 
whatsoever,  that  contradicts  or  any  ways  subverts,  any  funda 
mentals  of  the  said  laws  in  the  Constitution  of  the  government 
of  this  Province,  it  being  proved  by  seven  honest  and  reputable 
persons,  he  or  they  shall  be  proceeded  against  as  traitors  to  the 
said  government. 

CHAPTER  XV.  THAT  these  Concessions,  law  or  great  charter  of 
fundamentals,  be  recorded  in  a  fair  table,  in  the  Assembly  House, 
and  that  they  be  read  at  the  beginning  and  dissolving  of  every 
general  free  Assembly:  And  it  is  further  agreed  and  ordained, 
that  the  said  Concessions  ...  be  writ  in  fair  tables,  in  every 
common  hall  of  justice  within  this  Province,  and  that  they  be 


i;6  CONCESSIONS   OF   WEST  NEW  JERSEY      [March  3/13 

read  in  solemn  manner  four  times  every  year,  in  the  presence  of 
the  people,  by  the  chief  magistrates  of  those  places. 

[Chapter  XVI.  guarantees  full  liberty  of  religious  faith  and 
worship.] 

CHAPTER  XVII.  THAT  no  Proprietor,  freeholder  or  inhabitant 
of  the  said  Province  of  West  New  Jersey,  shall  be  deprived  or 
condemned  of  life,  limb,  liberty,  estate,  property  or  any  ways 
hurt  in  his  or  their  privileges,  freedoms  or  franchises,  upon  any 
account  whatsoever,  without  a  due  tryal,  and  judgment  passed  by 
twelve  good  and  lawful  men  of  his  neighbourhood  first  had :  And 
that  in  all  causes  to  be  tryed,  and  in  all  tryals,  the  person  or  per 
sons,  arraigned  may  except  against  any  of  the  said  neighbour 
hood,  without  any  reason  rendered,  (not  exceeding  thirty  five) 
and  in  case  of  any  valid  reason  alleged,  against  every  person 
nominated  for  that  service. 

CHAPTER  XVIII.  AND  that  no  Proprietor,  freeholder,  free- 
denison,  or  inhabitant  in  the  said  Province,  shall  be  attached, 
arrested,  or  imprisoned,  for  or  by  reason  of  any  debt,  duty,  or 
thing  whatsoever  (cases  felonious,  criminal  and  treasonable  ex- 
cepted)  before  he  or  she  have  personal  summon  or  summons,  left 
at  his  or  her  last  dwelling  place,  if  in  the  said  Province,  by  some 
legal  authorized  officer,  constituted  and  appointed  for  that  pur 
pose,  to  appear  in  some  court  of  judicature  for  the  said  Province, 
with  a  full  and  plain  account  of  the  cause  or  thing  in  demand, 
as  also  the  name  or  names  of  the  person  or  persons  at  whose  suit, 
and  the  court  where  he  is  to  appear,  and  that  he  hath  at  least 
fourteen  days  time  to  appear  and  answer  the  said  suit,  if  he  or 
she  live  or  inhabit  within  forty  miles  English  of  the  said  court, 
and  if  at  a  further  distance,  to  have  for  every  twenty  miles,  two 
days  time  more,  for  his  and  their  appearance,  and  so  proportion- 
ably  for  a  larger  distance  of  place. 

That  upon  the  recording  of  the  summons,  and  non  appearance 
of  such  person  and  persons,  a  writ  or  attachment  shall  or  may 
be  issued  out  to  arrest,  or  attach  the  person  or  persons  of  such 
defaulters,  to  cause  his  or  their  appearance  in  such  court,  return 
able  at  a  day  certain,  to  answer  the  penalty  or  penalties,  in  such 
suit  or  suits;  and  if  he  or  they  shall  be  condemned  by  legal  tryal 
and  judgment,  the  penalty  or  penalties  shall  be  paid  and  satisfied 
out  of  his  or  their  real  or  personal  estate  so  condemned,  or  cause 
the  person  or  persons  so  condemned,  to  lie  in  execution  til] 


1676/7]  CONCESSIONS  OF  WEST  NEW  JERSEY 

satisfaction  of  the  debt  and  damages  be  made.  [Provided,  that 
in  case  the  estate  be  not  sufficient  to  pay  the  said  penalties,  the 
person  convicted  may,  on  proof  of  the  fact,  be  discharged  from 
imprisonment.] 

CHAPTER  XIX.  THAT  there  shall  be  in  every  court,  three  jus 
tices  or  commissioners,  who  shall  sit  with  the  twelve  men  of  the 
neighborhood,  with  them  to  hear  all  causes,  and  to  assist  the  said 
twelve  men  ...  in  case  of  law;  and  that  they  the  said  justices 
shall  pronounce  such  judgment  as  they  shall  receive  from,  and 
be  directed  by  the  said  twelve  men,  in  whom  only  the  judgment 
resides,  and  not  otherwise. 

And  in  case  of  their  neglect  and  refusal,  that  then  one  of  the 
twelve,  by  consent  of  the  rest,  pronounce  their  own  judgment  as 
the  justices  should  have  done. 

And  if  any  judgment  shall  be  past,  in  any  case  civil  or  criminal, 
by  any  other  person  or  persons,  or  any  other  way,  then  [than] 
according  to  this  agreement  and  appointment,  it  shall  be  held 
null  and  void,  and  such  person  or  persons  so  presuming  to  give 
judgment,  shall  be  severely  fin'd,  and  upon  complaint  made  to 
the  General  Assembly,  by  them  be  declared  incapable  of  any 
office  or  trust  within  this  Province. 

CHAPTER  XX.  THAT  in  all  matters  and  causes,  civil  and 
criminal,  proof  is  to  be  made  by  the  solemn  and  plain  averment, 
of  at  least  two  honest  and  reputable  persons;  and  in  case  that 
any  person  or  persons  shall  bear  false  witness,  and  bring  in  his 
or  their  evidence,  contrary  to  the  truth  of  the  matter  as  shall  be 
made  plainly  to  appear,  that  then  every  such  person  or  persons, 
shall  in  civil  causes,  suffer  the  penalty  which  would  be  due  to  the 
person  or  persons  he  or  they  bear  witness  against.  And  in  case 
any  witness  or  witnesses,  on  the  behalf  of  any  person  or  persons, 
indicted  in  a  criminal  cause,  shall  be  found  to  have  born  false 
witness  for  fear,  gain,  malice  or  favour,  and  thereby  hinder  the 
due  execution  of  the  law,  and  deprive  the  suffering  person  or 
persons  of  their  due  satisfaction,  that  then  and  in  all  other  cases 
of  false  evidence,  such  person  or  persons,  shall  be  first  severely 
fined,  and  next  that  he  or  they  shall  forever  be  disabled  from 
being  admitted  in  evidence,  or  into  any  publick  office,  employ 
ment,  or  service  within  this  Province. 

[Chapter  XXI.  provides  that  prosecutions  in  criminal  cases, 
except  treason,  murder  and  felony,  may  be  dismissed  by  the  com 
plainant  at  any  stage  of  the  proceedings.] 


i;8  CONCESSIONS  OF  WEST  NEW  JERSEY      [March  3/13 

CHAPTER  XXII.  THAT  the  tryals  of  all  causes,  civil  and 
criminal,  shall  be  heard  and  decided  by  the  virdict  or  judgment 
of  twelve  honest  men  of  the  neighbourhood,  only  to  be  summoned 
and  presented  by  the  sheriff  of  that  division,  or  propriety  where 
the  fact  or  trespass  is  committed;  and  that  no  person  or  persons 
shall  be  compelled  to  fee  any  attorney  or  counciller  to  plead  his 
cause,  but  that  all  persons  have  free  liberty  to  plead  his  own 
cause,  if  he  please :  And  that  no  person  nor  persons  imprisoned 
upon  any  account  whatsoever  within  this  Province,  shall  be 
obliged  to  pay  any  fees  to  the  officer  or  officers  of  the  said  prison, 
either  when  committed  or  discharged. 

CHAPTER  XXIII.  THAT  in  all  publick  courts  of  justice  for 
tryals  of  causes,  civil  or  criminal,  any  person  or  persons,  inhabit 
ants  of  the  said  Province  may  freely  come  into,  and  attend  the 
said  courts,  and  hear  and  be  present,  at  all  or  any  such  tryals  as 
shall  be  there  had  or  passed,  that  justice  may  not  be  done  in  a 
corner  nor  in  any  covert  manner,  being  intended  and  resolved, 
by  the  help  of  the  Lord,  and  by  these  our  Concessions  and  Fun 
damentals,  that  all  and  every  person  and  persons  inhabiting  the 
said  Province,  shall,  as  far  as  in  us  lies,  be  free  from  oppression 
and  slavery. 

[Chapter  XXIV.  provides  for  the  registry  of  deeds,  mortgages, 
and  other  muniments  of  title.] 

[Chapter  XXV.  provides  for  the  trial  of  cases  in  which  Indians 
are  parties.] 

CHAPTER  XXVI.  IT  is  agreed  when  any  land[s]  is  to  be  taken 
up  for  settlements  of  towns,  or  otherways,  before  it  be  surveyed, 
the  commissioners  or  the  major  part  of  them  are  to  appoint 
some  persons  to  go  to  the  chief  of  the  natives  concerned  in  that 
land,  so  intended  to  be  taken  up,  to  acquaint  the  natives  of  their 
intention,  and  to  give  the  natives  what  present  they  shall  agree 
upon,  for  their  good  will  or  consent,  and  take  a  grant  of  the  same 
in  writing,  under  their  hands  and  seals,  or  some  other  publick 
way  used  in  those  parts  of  the  world;  which  grant  is  to  be  regis 
tered  in  the  publick  register,  allowing  also  the  natives  (if  they 
please)  a  copy  thereof,  and  that  no  person  or  persons,  take  up 
any^land,  but  by  order  from  the  commissioners,  for  the  time 
being. 

CHAPTER  XXVII.  That  no  ship  master  or  commander  of  any 
ship  or  vessel,  shall  receive  into  his  ship  or  vessel,  to  carry  unto 


1676/7]  CONCESSIONS   OF   WEST  NEW  JERSEY  179 

any  other  nation,  country  or  plantation,  any  person  or  persons 
whatsoever,  without  a  certificate  first  had  and  obtained  under  the 
hands  and  seals  of  the  commissioners,  or  any  two  of  them,  that 
the  said  person  or  persons  are  clear,  and  may  be  taken  on  board, 
signifying  that  the  said  person  or  persons  names  have  been  put 
up  at  three  public  places  of  the  Province,  appointed  by  the  com 
missioners  for  that  purpose,  for  the  space  of  three  weeks  giving 
notice  of  his  or  their  intention  to  transport  themselves. 

CHAPTER  XXVIII.     THAT   MEN  MAY  PEACEABLY  AND  QUIETLY 

ENJOY    THEIR    ESTATES. 

IT  is  agreed  if  any  person  or  persons  shall  steal,  rob,  or  take 
any  goods  or  chatties,  from  or  belonging  to  any  person  or  persons 
whatsoever,  he  is  to  make  restitution  two  fold  out  of  his  or  their 
estate;  and  for  want  of  such  estate,  to  be  made  to  work  for  his 
theft,  for  such  time  and  times  as  the  nature  of  the  offence  doth 
require,  or  until  restitution  be  made  double  for  the  same,  or  as 
twelve  men  of  the  neighbourhood  shall  determine,  being  appointed 
by  the  commissioners,  not  extending  either  to  life  or  limb. 

If  any  person  or  persons,  shall  willfully  beat,  hurt,  wound, 
assault,  or  otherways  abuse  the  person  or  persons  of  any  man, 
woman,  or  child,  they  are  to  be  punished  according  to  the  nature 
of  the  offence,  which  is  to  be  determined  by  twelve  men  of  the 
neighbourhood,  appointed  by  the  commissioners. 

[Chapter  XXIX.  relates  to  the  settlement  of  estates,  and  the 
care  of  orphan  children.] 

CHAPTER  XXX.     IN  CASE  WHEN  ANY  PERSON  OR  PERSONS  KILL 

OR   DESTROY   THEMSELVES,    OR   BE    KILLED    BY   ANY    OTHER   THING. 

IT  is  agreed  if  any  man  or  woman  shall  wilfully  put  hand  and 
kill  him  or  herself,  the  estate  of  such  person  or  persons,  is  not 
to  be  forfeited,  but  the  kindred,  heirs  or  such  other  as  of  right 
the  estate  belongs  to,  may  enjoy  the  same :  Or  if  any  beast  or 
ship,  boat  or  other  thing,  should  occasion  the  death  of  any  person 
or  persons,  nevertheless  the  said  beast,  ship,  boat,  or  other  thing 
is  not  to  be  forfeited,  but  those  to  whom  they  belong  may  enjoy 
the  same.  Provided  always,  that  the  said  beast  did  not  wilfully 
kill  the  said  person,  or  hath  been  known  to  attempt  or  addicted 
to  mischief,  or  hath  been  found  to  hurt  or  kill  any  person;  then 
the  said  beast  is  to  be  killed. 

CHAPTER  XXXI.  ALL  such  person  or  persons  as  shall  be  upon 
tryal  found  guilty  of  murder,  or  treason,  the  sentence  and  way  of 


180  CONCESSIONS   OF   WEST  NEW  JERSEY      [March  3/13 

execution  thereof,  is  left  to  the  General  Assembly  to  determine  as 
they  in  the  wisdom  of  the  LORD  shall  judge  meet  and  expedient. 

THE  GENERAL  ASSEMBLY  AND  THEIR  POWER. 

CHAPTER  XXXII.  THAT  so  soon  as  divisions  or  tribes,  or  other 
such  like  distinctions  are  made;  that  then  the  inhabitants,  free 
holders,  and  Proprietors,  resident  upon  the  said  Province,  or 
several  and  respective  tribes,  or  divisions  or  distinctions  afore 
said,  do  yearly  and  every  year  meet  on  the  first  day  of  October, 
or  the  eight  month,  and  choose  one  Proprietor  or  freeholder  for 
each  respective  pJbpriety  in  the  said  Province,  (the  said  Province 
being  to  be  divided  into  one  hundred  proprieties)  to  be  deputies, 
trustees,  or  representatives  for  the  benefit,  service  and  behoof  of 
the  people  of  the  said  Province :  which  body  of  Deputies,  trustees 
or  representatives,  consisting  of  one  hundred  persons,  chosen  as 
aforesaid,  shall  be  the  general,  free  and  supream  assembly  of  the 
said  Province  for  the  year  ensuing  and  no  longer.  And  in  case 
any  member  of  the  said  Assembly  during  the  said  year,  shall 
decease  or  otherwise  be  rendered  incapable  of  that  service,  that 
then  the  inhabitants  of  the  said  propriety,  shall  elect  a  new 
member  to  serve  in  his  room  for  the  remainder  of  the  said  year. 

CHAPTER  XXXIII.  AND  TO  THE  END  THE  RESPECTIVE  MEM 
BERS  OF  THE  YEARLY  ASSEMBLY  TO  BE  CHOSEN  MAY  BE  REGULARLY 
AND  IMPARTIALLY  ELECTED. 

THAT  no  person  or  persons  who  shall  give,  bestow  or  promise 
directly  or  indirectly  to  the  said  parties  electing,  any  meat, 
drink,  money  or  money's  worth,  for  procurement  of  their  choice 
and  consent,  shall  be  capable  of  being  elected  a  member  of  the 
said  Assembly.  And  if  any  person  or  persons,  shall  be  at  any 
time  corruptly  elected,  and  sufficient  proof  thereof  made  to  the 
said  Free  Assembly,  such  person  or  persons  .  .  .  shall  be  reckoned 
incapable  to  choose  or  sit  in  the  said  Assembly,  or  execute  any 
other  public  office  of  trust  within  the  said  Province,  for  the  space 
of  seven  years  thence  next  ensuing.  And  also  that  all  such  elec 
tions  as  aforesaid,  be  not  determined  by  the  common  and  confused 
way  of  cry's  and  voices,  but  by  putting  balls  into  balloting  boxes, 
to  be  provided  for  that  purpose,  for  the  prevention  of  all  par 
tiality,  and  whereby  every  man  may  freely  choose  according  to 
his  own  judgment,  and  honest  intention. 


1676/7]  CONCESSIONS  OF   WEST  NEW  JERSEY  l8l 

CHAPTER  XXXIV.  To  appoint  their  own  times  of  meeting, 
and  to  adjourn  their  sessions  from  time  to  time  (within  the  said 
year)  to  such  times  and  places  as  they  shall  think  fit  and  con 
venient,  as  also  to  ascertain  the  number  of  their  quorum,  pro 
vided  such  numbers  be  not  less  than  one  half  of  the  whole,  in 
whom  (or  more)  shall  be  the  full  power  of  the  General  Assembly; 
and  that  the  votes  of  two  thirds  of  the  said  quorum,  or  more  of 
them  if  assembled  together  as  aforesaid,  shall  be  determinative 
in  all  cases  whatsoever  coming  in  question  before  them,  consonant 
and  conformable  to  these  Concessions  and  fundamentals. 

CHAPTER  XXXV.  THAT  the  said  Proprietors  and  freeholders 
at  their  choice  of  persons  to  serve  them  in  the^eneral  and  Free 
Assembly  of  the  Province,  give  their  respective  Deputies  or 
trustees,  their  instructions  at  large,  to  represent  their  grievances, 
or  for  the  improvement  of  the  Province :  And  that  the  Persons 
chosen,  do  by  indentures  under  hand  and  seal,  covenant  and 
oblige  themselves  to  act  nothing  in  that  capacity  but  what  shall 
tend  to  the  fit  service  and  behoof  of  those  that  send  and  employ 
them;  and  that  in  case  of  failer  of  trust,  or  breach  of  covenant, 
that  they  be  questioned  upon  complaint  made,  in  that  or  the 
next  Assembly,  by  any  of  their  respective  electors. 

And  that  each  member  of  the  Assembly  chosen  as  aforesaid, 
be  allowed  one  shilling  per  day,  during  the  time  of  the  sitting 
of  the  Assembly,  that  thereby  he  may  be  known  to  be  the  servant 
of  the  people :  which  allowance  ...  is  to  be  paid  him  by  the 
inhabitants  of  the  propriety  or  division  that  shall  elect  him. 

CHAPTER  XXXVI.  THAT  in  every  General  Free  Assembly, 
every  respective  member  hath  liberty  of  speech;  that  no  man  be 
interrupted  when  speaking;  that  all  questions  be  stated  with 
deliberation  and  liberty  for  amendments;  that  it  be  put  by  the 
chairman,  by  them  to  be  chosen,  and  determined  by  plurality  of 
votes.  Also  that  every  member  has  power  of  entering  his  protest 
and  reasons  of  protestations.  And  that  if  any  member  of  such 
Assembly  shall  require  to  have  the  persons  names  registered, 
according  to  their  yea's  and  no's,  that  it  be  accordingly  done: 
And  that  after  debates  are  past,  and  the  question  agreed  upon, 
the  doors  of  the  house  be  set  open,  and  the  people  have  liberty 
to  come  in  to  hear  and  be  witnesses  of  the  votes,  and  the  inclina 
tions  of  the  persons  voting. 

CHAPTER  XXXVII.     AND  that  the  said  Assembly  do  elect,  con- 


1 82  CONCESSIONS   OF  WEST  NEW  JERSEY      [March  3/13 

stitute  and  appoint  ten  honest  and  able  men,  to  be  Commissioners 
of  State,  for  managing  and  carrying  on  the  affairs  of  the  said 
Province,  according  to  the  law  therein  established,  during  the 
adjournments  and  desolutions  of  the  said  General  free  Assembly, 
for  the  concervation  and  tranquility  of  the  same. 

CHAPTER  XXXVIII.  THAT  it  shall  be  lawful  for  any  person  or 
persons  during  the  session  of  any  General  Free  Assembly  in  that 
Province,  to  address,  remonstrate  or  declare  any  suffering,  danger 
or  grievance,  or  to  propose,  tender  or  request  any  privilege,  profit, 
or  advantage  to  the  said  Province,  they  not  exceeding  the  number 
of  one  hundred  persons. 

CHAPTER  XXXIX.  To  enact  and  make  all  such  laws,  acts  and 
constitutions  as  shall  be  necessary  for  the  well  government  of 
the  said  Province,  (and  them  to  repeal)  provided  that  the  same 
be,  as  near  [as]  may  be  conveniently,  agreeable  to  the  primitive, 
antient  and  fundamental  laws  of  the  nation  of  England.  Pro 
vided  also,  that  they  be  not  against  any  of  these  our  Concessions 
and  fundamentals  before  or  hereafter  mentioned. 

CHAPTER  XL.  BY  act  as  aforesaid,  to  constitute  all  courts, 
together  with  the  limits,  powers,  and  jurisdictions  of  the  same, 
(consonant  to  these  Concessions)  as  also  the  several  judges, 
officer  and  number  of  officers  belonging  to  each  court,  to  continue 
such  time  as  they  shall  see  meet,  not  exceeding  one  year  or  two 
at  the  most,  with  their  respective  sallaries,  fees  and  perquisites, 
and  their  appellations,  with  the  penalties  that  shall  be  inflicted 
upon  them,  for  the  breach  of  their  several  and  respective  duties 
and  trusts.  And  that  no  person  or  persons  whatsoever,  inhabit 
ants  of  the  said  Province,  shall  sustain  or  bear  two  offices  in  the 
said  Province,  at  one  and  at  the  same  time. 

CHAPTER  XLI.  THAT  all  the  justices  and  constables  be  chosen 
by  the  people  and  all  commissioners  of  the  publick  seals,  treas 
uries,  and  chief  justices,  embassdors,  and  collectors  be  chosen  by 
the  General  Free  Assembly. 

CHAPTER  XLII.  THAT  the  commissioners  of  the  treasury  of 
the  said  Province,  bring  in  their  account  at  the  end  of  their  year, 
unto  the  General  Free  Assembly,  there  to  be  seen  and  adjusted; 
and  that  every  respective  member,  carry  a  copy  thereof,  unto  that 
hundred  of  \pr\  propriety  he  serves,  for  to  be  registered  in  the 
capital  publick  court  of  that  propriety. 

CHAPTER  XLIII.     BY  act  as  aforesaid,  to  lay  equal  taxes  and 


i68o/8i]  CHARTER  OF   PENNSYLVANIA  183 

assessments,  and  equally  to  raise  money's  or  goods,  upon  all  lands 
or  persons,  within  the  several  proprieties,  precincts,  hundreds, 
tribes,  or  whatsoever  other  divisions  shall  hereafter  be  made  and 
established  in  the  said  Province,  as  oft  as  necessity  shall  require, 
and  in  such  manner  as  to  them  shall  seem  most  equal  and  easy 
to  the  inhabitants,  in  order  to  the  better  supporting  of  the  pub- 
lick  charge  of  the  said  government,  as  also  for  the  publick  benefit 
and  advantage  of  the  said  people  and  Province. 

CHAPTER  XLIV.  BY  act  as  aforesaid,  to  subdivide  the  said 
Province  into  hundreds,  proprieties,  or  such  other  divisions,  and 
distinctions,  as  they  shall  think  fit;  and  the  said  divisions,  to 
distinguish  by  such  names  as  shall  be  thought  good;  as  also 
within  the  said  Province,  to  direct  and  appoint  places,  for  such 
and  so  many  towns,  cities,  ports,  harbours,  creeks,  and  other 
places,  for  the  convenient  loading  and  unloaden  of  goods  and 
merchandize,  out  of  the  ships,  boats  and  other  vessels,  as  shall 
be  expedient,  with  such  jurisdictions,  privileges  and  franchises, 
to  such  cities,  ports,  harbours,  creeks,  or  other  places,  as  they 
shall  judge  most  conducing  to  the  general  good  of  the  said  Prov 
ince,  and  people  thereof;  and  to  erect,  raise  and  build  within 
the  said  Province,  or  any  part  thereof,  such  and  so  many  market 
towns,  and  villages,  and  also  appoint  such  and  so  many  markets, 
and  fairs,  and  in  such  place  and  places  as  they  shall  see  meet, 
from  time  to  time,  as  the  grant  made  and  assigned  unto  the  said 
Proprietors  will  permit  and  admitt. 


No.  38.     Charter  of   Pennsylvania 

March  4/14,  1680/81 

THE  connection  of  William  Penn  with  the  colonies  of  East  and  West  New 
Jersey  is  referred  to  elsewhere  (see  notes  to  Nos.  36,  37,  and  39).  Penn 
inherited  from  his  father,  Admiral  Penn,  a  claim  of  some  £i 6,000  against  the 
King,  Charles  II.  It  was  to  satisfy  this  claim,  as  well  as  to  found  a  colony 
under  Quaker  rule,  that  Penn  petitioned,  in  June,  1680,  for  a  grant  of  land  in 
America.  The  petition  indicated  the  extent  of  the  desired  grant;  but  experi 
ence  had  made  the  colonial  authorities  in  England  cautious,  and  Penn's  appli 
cation,  though  favored  by  the  King  and  the  Duke  of  York,  was  carefully 
considered.  The  representatives  of  the  Duke  and  of  Lord  Baltimore  were 
consulted,  and  took  a  prominent  part  in  the  negotiations  ;  but  in  December 
the  attorney-general  reported  that  the  proposed  grant  did  not  interfere  with 


1 84  CHARTER  OF   PENNSYLVANIA  [March  4/14 

their  territorial  claims.  The  boundaries  were  approved  Jan.  15/25,  1680/81, 
and  March  4/14  the  charter  was  issued.  The  original  draft  of  the  charter, 
drawn  up  by  Penn  on  the  model  of  the  charter  of  Maryland,  was  revised  by 
Chief  Justice  North,  and  important  modifications  introduced.  A  royal  proc 
lamation  of  April  2-12  announced  the  issuance  of  the  charter,  and  com 
manded  obedience  to  its  provisions.  Penn  shortly  issued  a  pamphlet  setting 
forth  the  advantages  of  the  region,  and  the  conditions  of  settlement.  In 
August,  1682,  he  obtained  from  the  Duke  of  York  a  quit-claim  deed  of  the 
territory  included  in  Pennsylvania,  and  two  deeds  of  feofment,  one  of  New 
castle,  with  the  land  within  a  twelve-mile  circuit  about  it,  and  the  other  of  the 
land  between  Newcastle  and  Cape  Henlopen. 

REFERENCES. —  Text  in  Charter  and  Laws  of  Pennsylvania  (Harrisburg, 
1879);  81-90.  An  abstract  of  Penn's  proposals  is  in  Hazard's  Annals  of  Penn 
sylvania,  505-513  ;  the  deeds  from  the  Duke  of  York  are  also  in  ib.,  586-593. 
For  the  early  documentary  history,  see  Votes  of  Assembly,  I. ;  Colonial  Records, 
I.;  Hazard's  Pennsylvania  Archives^  I.  Shepherd's  History  of  Proprietary 
Government  in  Pennsylvania  (Columbia  Coll.  Studies,  VI.),  is  of  prime 
importance;  see  also  Hazard's  Annals,  and  Proud's  Pennsylvania,  I. 

CHARLES  THE  SECOND  [&c.].  .  .  .  Whereas  our  Trustie 
and  well  beloved  Subject,  William  Penn,  Esquire,  sonn  and  heire 
of  Sir  William  Penn,  deceased,  out  of  a  commendable  desire  to 
enlarge  our  English  Empire,  and  promote  such  usefull  comodities 
as  may  bee  of  benefitt  to  us  and  our  Dominions,  as  alsoe  to  reduce 
the  Savage  Natives  by  gentle  and  just  manners  to  the  love  of 
civill  Societie  and  Christian  Religion  hath  humbley  besought 
leave  of  us  to  transport  an  ample  colonie  unto  a  certaine  Countrey 
hereinafter  described  in  the  partes  of  America  not  yet  cultivated 
and  planted.  And  hath  likewise  humbley  besought  our  Royall 
Majestic  to  give,  grant,  and  confirme  all  the  said  Countrey  with 
certaine  priviledges  and  Jurisdiccons  requisite  for  the  good  Gov 
ernment  and  safetie  of  the  said  Countrey  and  Colonie,  to  him 
and  his  heirs  forever.  Knowe  yee,  therefore,  that  wee,  favouring 
the  petition  and  good  purpose  of  the  said  William  Penn,  and 
haveing  regard  to  the  memorie  and  meritts  of  his  late  father,  in 
divers  services,  and  perticulerly  to  his  Conduct,  courage  and  dis 
cretion  under  our  dearest  brother,  James,  Duke  of  yorke,  in  that 
signall  Battell  and  victorie,  fought  and  obteyned  against  the 
Dutch  fleete,  comanded  by  the  Herr  Van  Obdam,  in  the  yeare 
One  thousand  six  hundred  sixtie-five,  In  consideration  thereof 
...  by  this  Our  present  Charter,  for  us,  Our  heires  and  succes 
sors,  Doe  give  and  grant  unto  the  said  William  Penn,  his  heires 
and  assignes  All  that  Tract  or  parte  of  land  in  America,  with  all 


i68o/8i]  CHARTER   OF   PENNSYLVANIA  185 

the  Islands  therein  conteyned,  as  the  same  is  bounded  on  the 
East  by  Delaware  River,  from  twelve  miles  distance,  Northwarde 
of  New  Castle  Towne  unto  the  three  and  fortieth  degree  of 
Northerne  Latitude  if  the  said  River  doeth  extend  soe  farre 
Northwards;  But  if  the  said  River  shall  not  extend  soe  farre 
Northward,  then  by  the  said  River  soe  farr  as  it  doth  extend,  and 
from  the  head  of  the  said  River  the  Easterne  Bounds  are  to  bee 
determined  by  a  Meridian  Line,  to  bee  drawne  from  the  head  of 
the  said  River  unto  the  said  three  and  fortieth  degree,  The  said 
lands  to  extend  westwards,  five  degrees  in  longitude,  to  bee  com 
puted  from  the  said  Eastern  Bounds,  and  the  said  lands  to  bee 
bounded  on  the  North,  by  the  beginning  of  the  three  and  fortieth 
degree  of  Northern  latitude,  and  on  the  South,  by  a  Circle 
drawne  at  twelve  miles,  distance  from  New  Castle  Northwards, 
and  Westwards  unto  the  beginning  of  the  fortieth  degree  of 
Northerne  Latitude;  and  then  by  a  streight  Line  westwards,  to 
the  Limitt  of  Longitude  above  menconed.  Wee  Doe  also  give 
and  grant  unto  the  said  William  Penn,  his  heires  and  assignes, 
the  free  and  undisturbed  use,  and  continuance  in  and  passage 
into  and  out  of  all  and  singuler  Ports,  harbours,  Bayes,  waters, 
Rivers,  Isles  and  Inletts,  belonging  unto  or  leading  to  and  from 
the  Countrey,  or  Islands  aforesaid;  .  .  .  and  him  the  said  Wil 
liam  Penn,  his  heires  and  Assignes,  Wee  do,  by  this  our  Royall 
Charter  .  .  .  make,  Create  and  Constitute  the  true  and  absolute 
Proprietaries  of  the  Countrey  aforesaid,  and  of  all  other,  the 
premisses,  saving  alwayes  to  us  ...  the  faith  and  allegiance  of 
the  said  William  Penn,  his  heirs  and  assignes,  and  of  all  other, 
the  proprietaries,  Tenants  and  Inhabitants  that  are,  or  shall  be 
within  the  Territories  and  Precincts  aforesaid;  and  Saving  also 
unto  us  ...  the  Sovreignity  of  the  aforesaid  Countrey.  .  .  .  To 
bee  holden  of  us,  our  heires  and  Successors,  Kings  of  England, 
as  of  our  Castle  of  Windsor,  in  our  County  of  Berks,  in  free  and 
comon  socage  by  fealty  only  for  all  services,  and  not  in  Capite 
or  by  Knights  service,  Yeelding  and  paying  therefore  .  .  .  two 
beaver  Skins  to  bee  delivered  att  our  said  Castle  of  Windsor,  on 
the  first  day  of  Januarie,  in  every  yeare;  and  also  the  fifth  parte 
of  all  Gold  and  Silver  Oare,  which  shall  from  time  to  time  happen 
to  be  found  within  the  Limitts  aforesaid,  cleare  of  all  Charges, 
and  .  .  .  wee  doe  hereby  erect  the  aforesaid  Countrey  and  Islands, 
into  a  Province  and  Seigniorie,  and  doe  call  itt  Pensilvania  .  .  .  , 


1 86  CHARTER  OF   PENNSYLVANIA  [March  4/14 

And  forasmuch  as  wee  have  hereby  made  and  ordeyned  the  afore 
said  William  Penn,  his  heires  and  assignes,  the  true  and  absolute 
Proprietaries  of  all  the  Lands  and  Dominions  aforesaid.  Know 
yee  therefore,  that  wee  reposing  speciall  trust  and  Confidence  in 
the  fidelitie,  wisdome,  Justice,  and  provident  circumspeccon  of 
the  said  William  Penn  .  .  .  ,  Doe  grant  free,  full  and  absolute 
power,  by  vertue  of  these  presents  to  him  and  his  heires,  and  to 
his  and  their  Deputies,  and  Lieutenants,  for  the  good  and  happy 
government  of  the  said  Countrey,  to  ordeyne,  make,  Enact  and 
under  his  and  their  Scales  to  publish  any  Lawes  whatsoever,  for 
the  raising  of  money  for  the  publick  use  of  the  said  province,  or 
for  any  other  End  apperteyning  either  unto  the  publick  state, 
peace,  or  safety  of  the  said  Countrey,  or  unto  the  private  utility 
of  perticular  persons,  according  unto  their  best  discretions,  by 
and  with  the  advice,  assent  and  approbacon  of  the  freemen  of 
the  said  Countrey,  or  the  greater  parte  of  them,  or  of  their  Dele 
gates  or  Deputies,  whom  for  the  Enacting  of  the  said  Lawes, 
when,  and  as  often  as  need  shall  require.  Wee  will,  that  the 
said  William  Penn,  and  his  heires,  shall  assemble  in  such  sort 
and  forme  as  to  him  and  them  shall  seeme  best,  and  the  same 
Lawes  duely  to  execute  unto,  and  upon  all  people  within  the 
[the]  said  Countrey  and  limitts  thereof;  And  wee  doe  likewise 
give  and  grant  unto  the  said  William  Penn,  and  his  heires,  and 
to  his  and  their  Deputies  and  Lieutenants,  such  power  and 
authoritie  to  appoint  and  establish  any  Judges,  and  Justices, 
Magistrates  and  Officers  whatsoever,  for  what  Causes  soever,  for 
the  probates  of  will  and  for  the  granting  of  Administracons 
within  the  precincts  aforesaid,  and  with  what  power  soever,  and 
in  such  forme  as  to  the  said  William  Penn,  or  his  heires,  shall 
seeme  most  convenient.  Alsoe,  to  remitt,  release,  pardon  and 
abolish,  whether  before  Judgement  or  after,  all  Crimes  and 
Offences,  whatsoever  comitted  within  the  said  Countrey,  against 
the  said  Lawes,  Treason  and  wilfull  and  malicious  Murder  onely 
excepted;  and  in  those  Cases,  to  Grant  Reprieves  untill  Our 
pleasure  may  bee  knowne  thereon,  and  to  doe  all  and  every  other 
thing  and  things  which  unto  the  compleate  establishment  of  Jus 
tice  unto  Courts  and  Tribunals,  formes  of  Judicature  and  manner 
of  proceedings  doe  belong,  altho'  in  these  presents  expresse 
mencon  bee  not  made  thereof;  .  .  .  Provided,  Nevertheles,  that 
the  said  Lawes  bee  consonant  to  reason,  and  bee  not  repugnant 


i68o/8i]  CHARTER  OF   PENNSYLVANIA  1 87 

or  contrarie,  but  as  neare  as  conveniently  may  bee  agreeable  to 
the  Lawes,  Statutes  and  rights  of  this  our  Kingdome  of  England, 
And  Saveing  and  reserving  to  us,  Our  heirs  and  Successors,  the 
receiving,  heareingand  determining  of  the  Appeale  and  Appeales, 
of  all  or  any  person  or  persons,  of,  in  or  belonging  to  the  Terri 
tories  aforesaid,  or  touching  any  Judgement  to  bee  there  made 
or  given  ...  [In  emergencies,  the  proprietor  or  his  representa 
tives  may  make  ordinances  without  the  consent  of  the  freemen; 
the  same  to  be  agreeable  to  the  laws  of  England,]  and  so  as  the 
said  ordinances  be  not  extended  in  any  sort  to  bind,  charge  or 
take  away  the  right  or  Interest  of  any  person  or  persons,  for  or 
in  their  life,  members,  freehold,  goods  or  Chattells;  And  our 
further  will  and  pleasure  is,  that  the  Lawes  for  regulateing  and 
governing  of  Propertie,  within  the  said  Province,  as  well  for  the 
descent  and  enjoyment  of  lands,  as  likewise  for  the  enjoyment 
and  succession  of  goods  and  Chattells,  and  likewise  as  to  felonies, 
shall  be  and  continue  the  same  as  shall  bee  for  the  time  being, 
by  the  general  course  of  the  Law  in  our  Kingdome  of  England, 
untill  the  said  Lawes  shall  be  altered  by  the  said  William  Penn, 
his  heires  or  assignes,  and  by  the  freemen  of  the  said  Province, 
their  Delegates  or  Deputies,  or  the  greater  part  of  them.  And 
to  the  End  the  said  William  Penn,  or  heires,  or  other,  the 
Planters,  Owners  or  Inhabitants  of  the  said  Province,  may  not 
att  any  time  hereafter,  by  misconstrucon  of  the  powers  aforesaid, 
through  inadvertiencie  or  designe,  depart  from  that  faith  and  due 
allegiance  which  by  the  Lawes  of  this  our  Realme  of  England, 
they  and  all  our  subjects,  in  our  Dominions  and  Territories, 
always  owe  unto  us,  Our  heires  and  successors,  by  colour  of  any 
extent  or  largenesse  of  powers  hereby  given,  or  pretended  to  bee 
given,  or  by  force  or  colour  of  any  lawes  hereafter  to  bee  made  in 
the  said  Province,  by  vertue  of  any  such  powers.  Our  further 
will  and  pleasure  is,  that  a  transcript  or  Duplicate  of  all  lawes 
which  shall  bee  soe  as  aforesaid,  made  and  published  within  the 
said  province,  shall  within  five  yeares  after  the  makeing  thereof, 
be  transmitted  and  delivered  to  the  privy  Councell,  for  the  time 
being,  of  us,  our  heires  and  successors;  And  if  any  of  the  said 
Lawes  within  the  space  of  six  months,  after  that  they  shall  be 
soe  transmitted  and  delivered,  bee  declared  by  us,  our  heires  or 
successors,  in  our  or  their  privy  Councell,  inconsistent  with  the 
sovereignety  or  lawfull  prerogative  of  us,  our  heirs  or  successors,  or 


1 88  CHARTER  OF  PENNSYLVANIA  [March  4/14 

contrary  to  the  faith  and  allegiance  due  by  \td]  the  legall  Govern 
ment  of  this  realme,  from  the  said  William  Penn,  or  his  heires, 
or  of  the  Planters  and  Inhabitants  of  the  said  province;  and  that 
thereupon  any  of  the  said  Lawes  shall  bee  adjudged  and  declared 
to  bee  void  by  us,  our  heirs  or  successors,  under  our  or  their 
Privy  Scale,  that  then,  and  from  thenceforth  such  Lawes  concern 
ing  which  such  Judgement  and  declaracon  shall  be  made,  shall 
become  voyd,  otherwise  the  said  lawes  soe  transmitted,  shall 
remaine  and  stand  in  full  force  according  to  the  true  intent  and 
meaneing  thereof.  .  .  .  We  Will  alsoe,  and  by  these  presents 
for  us,  our  heires  and  successors,  Wee  doe  Give  and  grant  licence 
by  this  our  Charter,  unto  the  said  William  Penn,  his  heires  and 
assignes,  and  to  all  the  inhabitants  and  dwellers  in  pvince  afore 
said,  both  present,  and  to  come,  to  import  or  unlade  by  them 
selves  or  theire  Servants,  ffactors  or  assignes,  all  merchandizes 
and  goods  whatsoever,  that  shall  arise  of  the  fruites  and  comodi- 
ties  of  the  said  province,  either  by  Land  or  Sea,  into  any  of  the 
ports  of  us,  our  heires  and  Successors,  in  our  kingdome  of  Eng 
land,  and  not  into  any  other  countrey  whatsoever.  And  Wee 
give  him  full  power  to  dispose  of  the  said  goods  in  the  said  ports, 
and  if  need  bee,  within  one  yeare  next  after  the  unladeing  of  the 
same,  to  Lade  the  said  Merchandizes  and  goodes  again  into  the 
same  or  other  shipps,  and  to  export  the  same  into  any  other 
Countreys,  either  of  our  Dominions  or  fforreigne,  according  to 
Lawe :  PROVIDED  alwayes,  that  they  pay  such  customes  and  impo- 
sicons,  subsidies  and  duties  for  the  same  to  us,  our  heires  and 
successors,  as  the  rest  of  our  subjects  of  our  kingdome  of  Eng 
land,  for  the  time  being  shall  be  bound  to  pay,  And  doe  observe 
the  Acts  of  Navigation  and  other  Lawes  in  that  behalfe  made. 
[Ports  and  places  for  lading  and  unlading  to  be  established  by 
the  proprietor;]  Provided,  that  the  said  William  Penn  and  his 
heires,  and  the  Lieutenants  and  Governors  for  the  time  being, 
shall  admitt  and  retaine  in  and  about  all  such  ports,  havens, 
Creeks  and  keyes,  all  officers  and  their  Deputies,  who  shall  from 
time  to  time  be  appointed  for  that  purpose,  by  the  ffarmers  or 
Commissioners  of  our  customes,  for  the  time  being.  And  Wee 
doe  further  appoint  and  ordaine  .  .  .  That  he  the  said  William 
penn,  his  heires  and  assignes,  may  from  time  to  time  forever, 
have  and  enjoy  the  Customes  and  Subsidies  in  the  ports,  harbours 
and  other  Creeks,  and  places  aforesaid,  within  the  pvince  afore- 


1680/81]  CHARTER  OF   PENNSYLVANIA  189 

said,  payable  or  due  for  merchandizes  and  wares,  there  to  be 
Laded  and  unladed,  the  said  Customes  and  Subsidies  to  be 
reasonably  assessed,  upon  any  occasion  by  themselves,  and  the 
people  there  as  aforesaid,  to  be  assembled  to  whom  wee  Give 
power,  by  these  presents  for  us,  our  heires  and  Successors,  upon 
just  cause,  and  in  a  due  pporcon,  to  assesse  and  impose  the 
same,  Saveing  unto  us,  our  heires  and  Successors,  such  imposi- 
cons  and  customes  as  by  Act  of  parliament  are  and  shall  be 
appointed;  And  it  is  further  our  will  and  pleasure,  that  the  said 
William  penn,  his  heires  and  assignes,  shall  from  time  to  time 
constitute  and  appoint  an  Attorney  or  Agent,  to  reside  in  or  neare 
our  Citty  of  London,  who  shall  make  knowne  the  place  where  he 
shall  dwell  or  may  be  found,  unto  the  Clerks  of  Our  privy  Coun- 
sell,  for  the  time  being,  or  one  of  them,  and  shall  be  ready  to 
appeare  in  any  of  our  Courtts  att  Westminster,  to  Answer  for  any 
misdemeanors  that  shall  be  comitted,  or  by  any  wilfull  default 
or  neglect  pmitted  by  the  said  William  penn,  his  heirs  or  assignes, 
against  our  Lawes  of  Trade  or  Navigacon,  and  after  it  shall  be 
ascertained  in  any  of  the  our  said  Courts,  what  damages  wee  or 
our  heires  or  successors  shall  have  Sustained,  by  such  default  or 
neglect,  the  said  William  penn,  his  heires  and  assignes,  shall 
pay  the  same  within  one  yeare  after  such  taxacon  and  demand 
thereof,  from  such  Attorney,  or  in  case  there  shall  be  noe  such 
Attorney,  by  the  space  of  one  yeare,  or  such  attorney  shall  not 
make  payment  of  such  damages,  within  the  space  of  one  yeare, 
and  answer  such  other  forfeitures  and  penalties  within  the  said 
time,  as  by  the  Acts  of  parliament  in  England,  are  or  shall  be 
pvided,  according  to  the  true  intent  and  meaneing  of  these 
presents:  Then  it  shall  be  lawfull  for  us,  our  heiers  and  Succes 
sors,  to  seize  and  Resume  the  government  of  the  said  pvince  or 
Countrey,  and  the  same  to  retain  until  payment  shall  be  made 
thereof.  But  notwithstanding  any  such  Seizure  or  resumption  of 
the  government,  nothing  concerning  the  propriety  or  ownership 
of  any  Lands,  tenements  or  other  hereditaments,  or  goods,  or 
chattels  of  any  of  the  Adventurers,  planters  or  owners,  other  then 
the  respective  offenders  there  shall  be  anyway  affected  or  molested 
thereby :  provided  alwayes  .  .  .  that  neither  the  said  William 
penn,  nor  his  heires,  nor  any  other  the  inhabitants  of  the  said 
pvince,  shall  at  any  time  hereafter  have  or  maintain  any  corre 
spondence  with  any  other  King,  pvince  [prince]  or  State,  or  with 


GRANT  OF  EAST  NEW  JERSEY         [March  14/24 

any  of  their  subjects,  who  shall  then  be  in  warr  against  us,  our 
heires  or  Successors;  Nor  shall  the  said  William  penn,  or  his  heires, 
or  any  other  the  inhabitants  of  the  said  pvince,  make  warre  or 
doe  any  act  of  hostilitie  against  any  other  king,  prince  or  State, 
or  any  of  their  Subjects,  who  shall  then  be  in  league  or  amity  with 
us,  our  heires  or  Successors.  .  .  .  And  further  .  .  .  Wee  doe 
Covenant  and  grant  to  and  with  the  said  William  Penn,  and  his 
heires  and  assignes,  That  Wee,  our  heires  and  Successors,  shall 
att  no  time  hereafter  sett  or  make,  or  cause  to  be  sett,  any  impos- 
sicon,  custome  or  other  taxacon,  rate  or  contribucon  whatsoever, 
in  and  upon  the  dwellers  and  inhabitants  of  the  aforesaid  pvince, 
for  their  Lands,  tenements,  goods  or  chattels,  within  the  said 
province,  or  in  and  upon  any  goods  or  merchandize  within  the 
said  pvince,  or  to  be  laden  or  unladen  within  the  ports  or  har 
bours  of  the  said  pvince,  unles  the  same  be  with  the  consent  of 
the  pprietary,  or  chiefe  Governor  and  assembly,  or  by  Act  of 
parliament  in  England.  .  .  .  And  our  further  pleasure  is,  And 
Wee  doe  hereby,  for  us,  our  heires  and  Successors,  charge  and 
require  that  if  any  of  the  inhabitants  of  the  said  pvince,  to  the 
number  of  Twenty,  shall  att  any  time  hereafter  be  desirous,  and 
shall  by  any  writeing  or  by  any  pson  deputed  for  them,  signify 
such  their  desire  to  the  Bishop  of  London,  that  any  preacher  or 
preachers  to  be  approved  of  by  the  said  Bishop,  may  be  sent  unto 
them  for  their  instruccon,  that  then  such  preacher  or  preachers, 
shall  and  may  be  and  reside  within  the  said  pvince,  without  any 
deniall  or  molestacon  whatsoever.  , 


No.  39.    Grant  of  East  New  Jersey 

March  14/24,  1682/3 

UPON  the  death  of  Carteret,  in  1680,  his  interest  in  East  New  Jersey  passed 
into  the  hands  of  the  Earl  of  Sandwich  and  others,  as  trustees,  for  the  benefit 
of  his  creditors.  Sandwich  relinquished  his  interest,  and  the  others  conveyed 
the  province  to  Thomas  Cremer  and  Thomas  Pocock,  who  in  turn  sold  to 
Penn  and  eleven  associates,  in  February,  1681/2.  The  share  of  each  of  the 
proprietors  was  then  divided,  and  twelve  additional  proprietors  admitted  as 
tenants  in  common.  In  March,  1682/3,  the  Duke  of  York  executed  a  release 
to  the  twenty-four  proprietors.  A  new  frame  of  government,  known  as  the 
Fundamental  Constitutions,  was  shortly  sent  over  by  the  proprietors;  but  the 
Assembly  objected  to  it  on  the  ground  that  it  had  not  been  duly  enacted,  and 


1682/3]  GRANT  OF  EAST  NEW  JERSEY  191 

was  opposed  to  the  Concessions  and  Agreements  of  1665;  and  it  was  not  put 
in  operation.  The  patent  of  East  New  Jersey  was  surrendered  in  1688,  and 
both  provinces,  together  with  New  York,  were  annexed  to  the  New  England 
government  under  Andros. 

REFERENCES. —  Text  in  Learning  and  Spicer's  Grants,  etc.  (ed.  1881), 
141-150.  The  Fundamental  Constitutions  are  in  ib.,  153-166,  and  also  New 
Jersey  Archives,  I.,  395-410. 

[The  document  recites  the  grant  of  1664  to  the  Duke  of  York, 
the  grant  of  the  same  year  to  Berkeley  and  Carteret,  the  grant  of 
1674  to  the  Duke  of  York,  the  grant  of  the  same  year  to  Carteret, 
the  division  of  the  region  into  East  and  West  New  Jersey,  and 
the  subsequent  transfers  by  which  the  share  of  Carteret  passed 
into  the  possession  of  Penn,  Barclay,  and  others,  and  continues :] 

Now  these  presents  witness,  that  for  and  in  consideration  of  a 
competent  sum  of  lawful  English  money,  unto  his  said  Royal 
Highness  in  hand  paid,  and  for  the  better  extinguishing  all  such 
claims  and  demands  as  his  said  Royal  Highness,  or  his  heirs, 
may  any  wise  have  of  or  in  the  premises  aforesaid,  now  called 
East  New  Jersey,  or  any  part  of  them,  and  for  the  further  and 
better  settling  and  conveying,  assuring  and  confirming  of  the 
same,  and  of  every  part  thereof,  according  to  the  purport  and 
true  meaning  of  these  presents,  his  said  Royal  Highness  the  said 
JAMES  Duke  of  York,  ...  by  these  presents,  as  far  as  in  him 
lyeth,  doth  grant,  bargain,  sell,  release  and  confirm  unto  the  said 
James,  Earl  of  Perth,  John  Drummond,  Robert  Barckly,  David 
Barckly,  Robert  Gordon,  Arent  Sonmans,  William  Penn,  Robert 
West,  Thomas  Rudyard,  Samuel  Groome,  Thomas  Hart,  Richard 
Mew,  Ambrose  Rigg,  John  Haywood,  Hugh  Hartshorn,  Clement 
Plumstead,  Thomas  Cooper,  Gawn  Lawry,  Edward  Byllynge, 
James  Braine,  William  Gibson,  Thomas  Barker,  Robert  Turner 
and  Thomas  Warne,  their  heirs  and  assigns,  all  that  part,  share 
and  portion  ...  of  all  that  entire  tract  of  land,  and  all  those 
entire  premisses  so  granted  by  his  said  Royal  Highness,  unto  the 
said  John  Lord  Berkely  and  Sir  George  Carteret,  and  their  heirs, 
as  in  and  by  and  upon  the  said  partition  was  and  were  vested  in 
the  said  Sir  George  Carteret  and  his  heirs,  and  there  agreed  to 
be  called  by  the  name  of  East  New  Jersey  .  .  .  ;  and  all  the 
estate,  right,  title,  interest,  reversion,  remainder,  claim  and  de 
mand  whatsoever,  as  well  in  law  as  in  equity,  of  his  said  Royal 
Highness  JAMES,  Duke  of  York,  of,  in,  unto  or  out  of  the  same, 


1 92  PENNSYLVANIA   FRAME  [April  25 /May  5 

or  any  part  or  parcel  of  the  same  :  as  also  the  free  use  of  all  bays, 
rivers  and  waters,  leading  unto  or  lying  between  the  said  premises, 
or  any  of  them,  in  the  said  parts  of  East  New  Jersey,  for  naviga 
tion,  free  trade,  fishing  or  otherwise,  to  have  and  to  hold  unto 
the  said  Earl  of  Perth  .  .  .  [and  others]  .  .  .  ,  their  heirs  and 
assigns  forever  .  .  .  ,  yielding  and  paying  therefor  yearly  for  the 
said  whole  entire  premisses,  unto  his  Royal  Highness  .  .  .  ,  the 
yearly  rent  of  ten  nobles  of  lawful  English  money.  .  .  .  And 
these  presents  further  witness,  that  for  the  better  enabling  the 
said  Earl  of  Perth  .  .  .  [and  others]  ...  to  improve  and  plant 
the  said  premisses  with  people,  andto  exercise  all  necessary 
government  there,  whereby  the  said  premisses  may  be  the  better 
improved,  and  made  more  useful  to  them  .  .  .  and  to  the  King's 
Majesty,  his  said  Royal  Highness  .  .  .  doth  by  these  presents 
give,  grant,  assign  and  transfer  unto  the  said  Earl  of  Perth  .  .  . 
[and  others]  .  .  .  ,  all  and  every  such  and  the  same  powers, 
authorities,  jurisdictions,  governments,  and  other  matters  and 
things  whatsoever,  which  by  the  said  respective  recited  Letters 
Patents,  or  either  of  them,  are  or  were  granted,  or  intended  to 
be  granted,  to  be  exercised  by  his  said  Royal  Highness,  his  heirs, 
assigns,  deputies,  officers,  or  agents,  in  or  upon,  or  in  relation 
unto  the  said  premisses,  hereby  confirmed  .  .  .  ,  and  every  of 
them,  in  case  the  same  were  now  in  the  actual  seisen  of  his  Royal 
Highness.  .  .  . 


No.  40.    Frame  of  Government  of  Penn 
sylvania 

April  as/May  5,  1682 

THE  first  of  the  frames  of  government  for  Pennsylvania  was  drawn  up  by 
Penn  and  his  associates  in  England.  Accompanying  the  frame  was  a  set  of 
"laws  agreed  upon  in  England,"  to  be  altered  or  amended  by  the  freemen. 
The  first  assembly  met  at  Upland  (Chester)  in  December,  1682,  and  adopted 
a  code  of  laws  known  as  the  Great  Law.  The  provincial  council  was  not 
organized  until  March,  1683. 

REFERENCES.—  Text  in  Charter  and  Laws  of  Pennsylvania  (ed.  1879), 
93~99-  The  laws  agreed  on  in  England  are  in  Hazard's  Annals  of  Pennsyl 
vania,  568-574;  the  Great  Law  is  in  ib.,  619-634.  On  the  various  frames  of 
government,  see  especially  Shepherd's  History  of  Proprietary  Government, 
Part  II.,  chap.  4. 


1 682]  PENNSYLVANIA  FRAME  193 

[The  frame  is  prefaced  by  extended  general  observations  on 
the  origin,  nature  and  end  of  civil  government.] 

TO  ALL  PEOPLE,  to  whom  these  presents  shall  come. 
WHEREAS  king  Charles  the  second,  by  his  letters  patent,  under 
the  great  seal  of  England;  for  the  consideration  therein  men 
tioned,  hath  been  graciously  pleased  to  give  and  grant  unto  me 
William  Penn  (by  the  name  of  William  Penn,  Esq,  son  and  heir 
of  Sir  William  Penn,  deceased)  and  to  my  heirs  and  assigns  for 
ever,  all  that  tract  of  land  or  province,  called  Pensylvania,  in 
America,  with  divers  great  powers,  preheminences,  royalties, 
jurisdictions,  and  authorities,  necessary  for  the  well-being  and 
government  thereof :  NOW  KNOW  YE,  that  for  the  well-being 
and  government  of  the  said  province,  and  for  the  encouragement 
for  \of\  all  the  freemen  and  planters  that  may  be  therein  concerned, 
in  pursuance  of  the  powers  aforementioned,  I  the  said  William 
Penn  have  declared,  granted,  and  confirmed,  and  by  these  presents, 
for  me,  my  heirs  and  assigns,  do  declare,  grant  and  confirm  unto 
all  the  freemen,  planters  and  adventurers,  of,  in  and  to  the  said 
province,  these  liberties,  franchises,  and  properties,  to  be  held, 
enjoyed  and  kept  by  the  freemen,  planters,  and  inhabitants  of 
the  said  province  of  Pennsylvania  for  ever. 

Imprimis.  That  the  government  of  this  province  shall,  accord 
ing  to  the  powers  of  the  patent,  consist  of  the  Governor  and 
freemen  of  the  said  province,  in  form  of  a  Provincial  Council 
and  General  Assembly,  by  whom  all  laws  shall  be  made,  officers 
chosen,  and  publick  affairs  transacted,  as  is  hereafter  respectively 
declared.  That  is  to  say, 

Second.  That  the  freemen  of  the  said  province  shall,  on  the 
twentieth  day  of  the  twelfth  month,  which  shall  be  in  this  present 
year,  one  thousand  six  hundred  eighty  and  two,  meet  and  assemble 
in  some  fit  place,  of  which  timely  notice  shall  be  beforehand 
given  by  the  governor  or  his  deputy,  and  then  and  there  shall 
choose  out  of  themselves  seventy-two  persons  of  most  note  for 
their  wisdom,  virtue  and  ability,  who  shall  meet  on  the  tenth  day 
of  the  first  month  next  ensuing,  and  always  be  called  and  act  as 
the  Provincial  Council  of  the  said  province. 

Third.    That  at  the  first  choice  of  such  Provincial  Council, 

one-third  part  of  the  said  Provincial  Council  shall  be  chosen  to 

serve  for  three  years  next  ensuing;  one-third  part  for  two  years 

then  next  ensuing,   and  one-third  part  for  one  year  then  next 

o 


PENNSYLVANIA   FRAME  [April  25 /May  5 

following  such  election,  and  no  longer;  and  that  the  said  third 
part  shall  go  out  accordingly.  And  on  the  twentieth  day  of  the 
twelfth  month  as  aforesaid,  yearly  for  ever  afterwards,  the  freemen 
of  the  said  province  shall  in  like  manner  meet  and  assemble 
together,  and  then  chuse  twenty  four  persons,  being  one  third  of 
the  said  number,  to  serve  in  Provincial  Council  for  three  years. 
It  being  intended,  that  one  third  part  of  the  whole  Provincial 
Council  (always  consisting  and  to  consist  of  seventy  two  persons, 
as  aforesaid)  falling  off  yearly,  it  shall  be  yearly  supplied  by  such 
new  yearly  elections,  as  aforesaid;  and  that  no  one  person  shall 
continue  therein  longer  than  three  years :  and  in  case  any  member 
shall  decease  before  the  last  election  during  his  time,  that  then 
at  the  next  election  ensuing  his  decease,  another  shall  be  chosen 
to  supply  his  place  for  the  remaining  time  he  was  to  have  served, 
and  no  longer. 

Fourth.  That  after  the  first  seven  years,  every  one  of  the  said 
third  parts  that  goeth  yearly  off,  shall  be  uncapable  of  being 
chosen  again  for  one  whole  year  following :  that  so  all  may  be 
fitted  for  government,  and  have  experience  of  the  care  and  burden 
of  it. 

Fifth.  That  the  Provincial  Council  in  all  cases  of  \and\  mat 
ters  of  moment,  as  their  arguing  upon  bills  to  be  passed  into 
laws,  erecting  courts  of  justice,  giving  judgment  upon  criminals 
impeached,  and  choice  of  officers,  in  such  manner  as  is  herein 
after  mentioned;  not  less  than  two  thirds  of  the  whole  Provincial 
Council  shall  make  a  quorum;  and  that  the  consent  and  approba 
tion  of  two  thirds  of  such  quorum  shall  be  had  in  all  such  cases 
and  matters  of  moment.  And  moreover,  that  in  all  cases  and 
matters  of  lesser  moment,  twenty-four  members  of  the  said  Pro 
vincial  Council  shall  make  a  quorum,  the  majority  of  which 
twenty-four  shall  and  may  always  determine  in  such  cases  and 
causes  of  lesser  moment. 

Sixth.  That  in  this  Provincial  Council,  the  governor  or  his 
deputy  shall  or  may  always  preside,  and  have  a  treble  voice;  and 
the  said  Provincial  Council  shall  always  continue,  and  sit  upon 
its  own  adjournments  and  committees. 

Seventh.  That  the  governor  and  Provincial  Council  shall  pre 
pare  and  propose  to  the  General  Assembly  hereafter  mentioned, 
all  bills  which  they  shall  at  any  time  think  fit  to  be  passed  into 
laws  within  the  said  province;  which  bills  shall  be  published  and 


1 682]  PENNSYLVANIA   FRAME  195 

affixed  to  the  most  noted  places  in  the  inhabited  parts  thereof 
thirty  days  before  the  meeting  of  the  General  Assembly,  in  order 
to  the  passing  them  into  laws  or  rejecting  of  them,  as  the  General 
Assembly  shall  see  meet. 

Eighth.  That  the  governor  and  Provincial  Council  shall  take 
care  that  all  laws,  statutes  and  ordinances,  which  shall  at  any 
time  be  made  within  the  said  province,  be  duly  and  diligently 
executed. 

Ninth.  That  the  governor  and  Provincial  Council  shall  at  all 
times  have  the  care  of  the  peace  and  safety  of  the  province,  and 
that  nothing  be  by  any  person  attempted  to  the  subversion  of 
this  frame  of  government. 

Tenth.  That  the  governor  and  Provincial  Council  shall  at  all 
times  settle  and  order  the  situation  of  all  cities,  ports  and  market 
towns  in  every  county,  modelling  therein  all  public  buildings, 
streets,  and  market  places,  and  shall  appoint  all  necessary  roads 
and  highways  in  the  province. 

Eleventh.  That  the  governor  and  Provincial  Council  shall  at 
all  times  have  power  to  inspect  the  management  of  the  public 
treasury,  and  punish  those  who  shall  convert  any  part  thereof  to 
any  other  use,  than  what  hath  been  agreed  upon  by  the  governor, 
Provincial  Council  and  General  Assembly. 

Twelfth.  That  the  governor  and  Provincial  Council  shall  erect 
and  order  all  publick  schools,  and  encourage  and  reward  the 
authors  of  useful  sciences  and  laudable  inventions  in  the  said 
province. 

Thirteenth.  That  for  the  better  management  of  the  powers  and 
trust  aforesaid,  the  Provincial  Council  shall  from  time  to  time 
divide  itself  into  four  distinct  and  proper  committees,  for  the 
more  easy  administration  of  the  affairs  of  the  Province,  which 
divides  the  seventy-two  into  four  eighteens,  every  one  of  which 
eighteens  shall  consist  of  six  out  of  each  of  the  three  orders  or 
yearly  elections,  each  of  which  shall  have  a  distinct  portion  of 
business,  as  followeth :  first,  a  committee  of  plantations,  to  situate 
and  settle  cities,  ports,  and  market-towns  and  high-ways,  and  to 
hear  and  decide  all  suits  and  controversies  relating  to  plantations. 
Secondly,  a  committee  of  justice  and  safety,  to  secure  the  peace 
of  the  province,  and  punish  the  male-administration  of  those 
who  subvert  justice  to  the  prejudice  of  the  publick  or  private 
interest.  Thirdly,  a  committee  of  trade  and  treasury,  who  shall 


196  PENNSYLVANIA   FRAME  [April  25 /May  5 

regulate  all  trade  and  commerce  according  to  law,  encourage 
manufacture  and  country  growth,  and  defray  the  publick  charge 
of  the  province.  And  fourthly,  a  committee  of  manners,  educa 
tion,  and  arts,  that  all  wicked  and  scandalous  living  may  be  pre 
vented,  and  that  youth  may  be  successively  trained  up  in  virtue 
and  useful  knowledge  and  arts:  the  quorum  of  each  of  which 
committees  being  six,  that  is,  two  out  of  each  of  the  three  orders 
or  yearly  elections  as  aforesaid,  making  a  constant  and  standing 
council  of  twenty-four,  which  will  have  the  power  of -the  Provincial 
Council,  being  the  quorum  of  it,  in  all  cases  not  excepted  in  the 
fifth  article;  and  in  the  said  committees  and  standing  Council  of 
the  province,  the  governor  or  his  deputy  shall  or  may  preside  as 
aforesaid;  and  in  the  absence  of  the  governor  or  his  deputy,  if 
no  one  is  by  either  of  them  appointed,  the  said  committees  or 
Council,  shall  appoint  a  president  for  that  time,  and  not  other 
wise;  and  what  shall  be  resolved  at  such  committee  shall  be 
reported  to  the  said  Council  of  the  province,  and  shall  be  by 
them  resolved  and  confirmed  before  the  same  shall  be  put  in 
execution;  and  that  these  respective  committees  shall  not  sit  at 
one  and  the  same  time,  except  in  cases  of  necessity. 

Fourteenth.  And  to  the  end  that  all  laws  prepared  by  the 
governor  and  Provincial  Council  aforesaid,  may  yet  have  the 
more  full  concurrence  of  the  freemen  of  the  province,  it  is  de 
clared,  granted,  and  confirmed,  that  at  the  time  and  place  or 
places  for  the  choice  of  a  Provincial  Council  as  aforesaid,  the 
said  freemen  shall  yearly  choose  members  to  serve  in  General 
Assembly  as  their  representatives,  not  exceeding  two  hundred 
persons,  who  shall  yearly  meet  on  the  twentieth  day  of  the  second 
month,  which  shall  be  in  the  year  one  thousand  six  hundred 
eighty  and  three  following,  in  the  capital  town,  or  city  of  the 
said  province,  where  during  eight  days  the  several  members  may 
freely  confer  with  one  another;  and,  if  any  of  them  see  meet, 
with  a  committee  of  the  Provincial  Council  (consisting  of  three 
out  of  each  of  the  four  committees  aforesaid,  being  twelve  in  all) 
which  shall  be  at  that  time  purposely  appointed  to  receive  from 
any  of  them  proposals  for  the  alteration  or  amendment  of  any  of 
the  said  proposed  and  promulgated  bills;  and  on  the  ninth  day 
from  their  so  meeting,  the  said  General  Assembly,  after  reading 
over  the  proposed  bills  by  the  clerk  of  the  Provincial  Council, 
and  the  occasions  and  motives  for  them  being  opened  by  the 


1 682]  PENNSYLVANIA   FRAME  197 

governor  or  his  deputy,  shall  give  their  affirmative  or  negative, 
which  to  them  seemeth  best,  in  such  manner  as  hereinafter  is 
expressed.  But  not  less  than  two  thirds  shall  make  a  quorum  in 
the  passing  of  laws,  and  choice  of  such  officers  as  are  by  them  to 
be  chosen. 

Fifteenth.  That  the  laws  so  prepared  and  proposed  as  afore 
said,  that  are  assented  to  by  the  General  Assembly,  shall  be 
enrolled  as  laws  of  the  province,  with  this  stile :  By  the  Governor, 
with  the  assent  and  approbation  of  the  freemen  in  Provincial 
Council  and  General  Assembly. 

Sixteenth.  That  for  the  establishment  of  the  Government  and 
laws  of  this  province,  and  to  the  end  there  may  be  an  universal 
satisfaction  in  the  laying  of  the  fundamentals  thereof ;  the  General 
Assembly  shall  or  may  for  the  first  year  consist  of  all  the  freemen 
of  and  in  the  said  province,'  and  ever  after  it  shall  be  yearly 
chosen,  as  aforesaid;  which  number  of  two  hundred  shall  be  en 
larged  as  the  country  shall  increase  in  people,  so  as  it  do  not 
exceed  five  hundred  at  any  time;  the  appointment  and  propor 
tioning  of  which,  as  also  the  laying  and  methodizing  of  the 
choice  of  the  Provincial  Council  and  General  Assembly  in  future 
times,  most  equally  to  the  divisions  of  the  hundreds  and  counties, 
which  the  country  shall  hereafter  be  divided  into;  shall  be  in  the 
power  of  the  Provincial  Council  to  propose,  and  the  General 
Assembly  to  resolve. 

Seventeenth.  That  the  Governor  and  the  Provincial  Council 
shall  erect,  from  time  to  time,  standing  courts  of  justice  in  such 
places  and  number  as  they  shall  judge  convenient  for  the  good 
government  of  the  said  province.  And  that  the  Provincial 
Council  shall,  on  the  thirteenth  day  of  the  first  month  yearly, 
elect  and  present  to  the  governor  or  his  deputy,  a  double  number 
of  persons  to  serve  for  judges,  treasurers,  masters  of  rolls,  within 
the  said  province  for  the  year  next  ensuing;  and  the  freemen  of 
the  said  province  in  the  county  courts,  when  they  shall  be  erected, 
and  till  then  in  the  General  Assembly  shall,  on  the  three  and 
twentieth  day  of  the  second  month  yearly,  elect  and  present  to 
the  governor  or  his  deputy,  a  double  number  of  persons  to  serve 
for  sheriffs,  justices  of  the  peace,  and  coroners,  for  the  year  next 
ensuing;  out  of  which  respective  elections  and  presentments,  the 
governor  or  his  deputy  shall  nominate  and  commissionate  the 
proper  number  for  each  office  the  third  day  after  the  said  present- 


PENNSYLVANIA  FRAME  [April  25 /May  5 

ments;  or  else  the  first  named  in  such  presentment  for  each 
office,  shall  stand  and  serve  for  that  office  the  year  ensuing. 

Eighteenth.  But  forasmuch  as  the  present  condition  of  the 
province  requires  some  immediate  settlement,  and  admits  not  of 
so  quick  a  revolution  of  officers;  and  to  the  end  the  said  province 
may,  with  all  convenient  speed,  be  well  ordered  and  settled,  I, 
William  Penn,  do  therefore  think  fit,  to  nominate  and  appoint 
such  persons  for  judges,  treasurers,  masters  of  the  rolls,  sheriffs, 
justices  of  the  peace,  and  coroners,  as  are  most  fitly  qualified  for 
those  employments;  to  whom  I  shall  make  and  grant  commissions 
for  the  said  offices  respectively,  to  hold  to  them  to  whom  the 
same  shall  be  granted,  for  so  long  time  as  every  such  person  shall 
well  behave  himself  in  the  office  or  place  to  him  respectively 
granted,  and  no  longer.  And  upon  the  decease  or  displacing  of 
any  of  the  said  officers,  the  succeeding  officer  or  officers  shall  be 
chosen  as  aforesaid. 

Nineteenth.  That  the  General  Assembly  shall  continue  so  long 
as  may  be  needful  to  impeach  criminals  fit  to  be  there  impeached; 
to  pass  bills  into  laws,  that  they  shall  think  fit  to  pass  into  laws, 
and  till  such  time  as  the  governor  and  Provincial  Council  shall 
declare,  that  they  have  nothing  further  to  propose  unto  them  for 
their  assent  and  approbation;  and  that  declaration  shall  be  a 
dismiss  to  the  General  Assembly  for  that  time,  which  General 
Assembly  shall  be  notwithstanding  capable  of  assembling  together, 
upon  the  summons  of  the  Provincial  Council,  at  any  time  during 
that  year,  if  the  said  Provincial  Council  shall  see  occasion  for 
their  so  assembling. 

Twentieth.  That  all  the  elections  of  members  or  representa 
tives  of  the  people,  to  serve  in  Provincial  Council  and  General 
Assembly,  and  all  questions  to  be  determined  by  both  or  either 
of  them,  that  relate  to  passing  of  bills  into  laws,  to  the  choice  of 
officers,  to  impeachments  made  by  the  General  Assembly,  and 
judgment  of  criminals  upon  such  impeachments  by  the  Provincial 
Council,  and  to  all  other  cases  by  them  respectively  judged  of 
importance,  shall  be  resolved  and  determined  by  the  ballot;  and, 
unless  on  sudden  and  indispensible  occasions,  no  business  in 
Provincial  Council  or  its  respective  committees,  shall  be  finally 
determined  the  same  day  that  it  is  moved. 

Twenty-first.  That  at  all  times,  when  and  so  often  as  it  shall 
happen,  that  the  Governor  shall  or  may  be  an  infant,  under  the 


1 683]  PENNSYLVANIA  AND   DELAWARE  FRAME  199 

age  of  one  and  twenty  years,  and  no  guardians  or  commissioners 
are  appointed  in  writing  by  the  father  of  the  said  infant,  or  that 
such  guardians  or  commissioners  shall  be  deceased;  that  during 
such  minority,  the  Provincial  Council  shall,  from  time  to  time, 
as  they  shall  see  meet,  constitute  and  appoint  guardians  or  com 
missioners,  not  exceeding  three;  one  of  which  three  shall  preside 
as  deputy  and  chief  guardian,  during  such  minority,  and  shall 
have  and  execute,  with  the  consent  of  the  other  two,  all  the  power 
of  a  governor,  in  all  the  public  affairs  and  concerns  of  the  said 
province. 

Twenty- second.  That  as  often  as  any  day  of  the  month,  men 
tioned  in  any  article  of  this  charter,  shall  fall  upon  the  first  day 
of  the  week,  commonly  called  the  Lord's  Day,  the  business 
appointed  for  that  day,  shall  be  deferred  till  next  day,  unless  in 
case  of  emergency. 

Twenty-third.  That  no  act,  law  or  ordinance  whatsoever,  shall 
at  any  time  hereafter  be  made  or  done,  by  the  governor  of  this 
province,  his  heirs  or  assigns,  or  by  the  freemen  in  the  Provincial 
Council  or  the  General  Assembly,  to  alter,  change  or  diminish 
the  form  or  effect  of  this  charter,  or  any  part  or  clause  thereof, 
without  the  consent  of  the  governor,  his  heirs  or  assigns,  and  six 
parts  of  seven  of  the  said  freemen  in  Provincial  Council,  and 
General  Assembly. 

And  lastly,  That  I,  the  said  William  Penn,  for  myself,  my 
heirs,  and  assigns,  have  solemnly  declared,  granted  and  confirmed, 
and  do  hereby  solemnly  declare,  grant  and  confirm,  that  neither 
I,  my  heirs  nor  assigns,  shall  procure  or  do  any  thing  or  things, 
whereby  the  liberties  in  this  charter  contained  and  expressed, 
shall  be  infringed  or  broken;  and  if  any  thing  be  procured  by 
any  person  or  persons  contrary  to  these  premises,  it  shall  be  held 
of  no  force  or  effect.  .  .  . 


No.  41.  Pennsylvania  and  Delaware  Frame 

April  2/12,  1683 

THE  large  number  of  members  of  the  council  and  assembly  prescribed  by 
the  Pennsylvania  frame  of  1682,  and  the  limited  legislative  power  of  the 
assembly,  were  early  felt  to  constitute  serious  objections  to  the  instrument. 
In  the  election  of  February,  1683,  Penn  suggested  that,  on  the  petition  of  the 
electors,  the  persons  chosen  from  the  several  counties  should  serve,  one-fourth 


200          PENNSYLVANIA  AND   DELAWARE   FRAME      [April  2/12 

as  councillors,  and  three-fourths  as  members  of  the  assembly;  and  this  plan, 
though  a  violation  of  the  frame,  was  acquiesced  in.  In  December,  1682,  an 
act  of  union  had  incorporated  the  Delaware  settlements,  or  "  lower  counties," 
with  Pennsylvania ;  and  an  act  of  settlement,  in  March,  1683,  provided  for 
the  reorganization  of  the  council  and  assembly.  The  act  of  settlement,  how 
ever,  was  temporary  ;  and  in  April  a  new  frame  of  government,  drawn  up  by 
Penn  in  accordance  with  the  expressed  desire  of  the  reorganized  general 
assembly,  was  signed.  The  first  assembly  under  the  new  frame  met  at  New 
castle,  in  May,  1684. 

REFERENCES. —  Text  in  Charter  and  Laws  of  Pennsylvania  (ed.  1879), 
155-161.  The  act  of  union  is  in  Hazard's  Annals,  61 1-614  >  the  act  of  settle 
ment,  ib.y  615-619. 

[The  document  recites  the  grant  of  the  charter  of  Pennsylvania, 
and  the  execution  of  deeds  of  feofment  by  the  Duke  of  York, 
and  continues :] 

Now  KNOW  YEE,  That  for  the  well  being  and  government  of 
the  said  Province  and  territories  thereunto  annexed  and  for  the 
encouragement  of  all  the  freemen  and  planters  that  may  be  therein 
concerned  in  pursuance  of  the  rights  and  powers  aforementioned, 
I  the  said  William  Penn,  Have  Declared,  Granted  and  Confirmed, 
and  by  these  presents  for  mee  my  heirs  and  assigns,  do  declare, 
grant  and  confirme  unto  all  the  freemen,  planters  and  adventurers, 
of,  in  and  to  the  said  Province  and  Territories  thereof,  these 
Liberties,  franchises  and  properties,  so  far  as  in  me  lieth,  to  be 
held,  enjoyed  and  kept  by  the  freemen,  planters  and  adventurers 
of  and  in  the  said  Province  of  Pennsylvania  and  Territories 
thereunto  annexed  for  ever. 

i  st.  Imprimis,  That  the  Government  of  this  Province  and 
Territories  thereof,  shall  from  time  to  time  according  to  the 
powers  of  the  Patent  and  deeds  of  feofment  aforesaid,  Consist 
of  the  Proprietarie  and  Governour  and  freemen  of  the  said  Prov 
ince  and  Territories  thereof  in  form  of  a  Provinciall  Councill 
and  General  Assemblie,  which  Provinciall  Councill  shall  consist 
of  eighteen  persons  being  three  out  of  each  countie,  and  which 
Assemblie  shall  consist  of  thirty-six  persons,  being  six  out  of  each 
countie,  men  of  most  note  for  virtue,  wisdom  and  ability,  by 
whom  all  Laws  shall  be  made,  officers  chosen  and  publick  affairs 
transacted,  as  is  hereafter  limited  and  declared. 

Second.  There  being  three  persons  already  chosen  for  every 
respective  countie  of  this  Province  and  Territories  thereof  to 
serve  in  the  Provinciall  Council,  one  of  them  for  three  years; 


1 683]  PENNSYLVANIA   AND    DELAWARE   FRAME  2OI 

One  for  two  years,  and  one  for  one  yeare,  and  one  of  them  being 
to  goe  off  yearelie  in  every  countie ;  That  on  the  tenth  day  of  the 
first  month  yearly  for  ever  after,  the  freemen  of  the  said  Province 
and  Territories  thereof,  shall  meet  together  in  the  most  convenient 
place  in  everie  countie  of  this  Province  and  Territories  thereof, 
and  then  and  there  to  choose  one  person  qualified  as  aforesaid 
in  everie  countie,  being  one-third  of  the  number  to  serve  in 
Provincial  Council  for  Three  years;  It  being  intended  that  one- 
third  of  the  whole  Provinciall  Council,  consisting  and  to  consist 
of  eighteen  persons,  falling  off  yearlie,  It  shall  be  yearlie  supplyed 
by  such  new  yearlie  elections  as  aforesaid;  and  that  no  one  person 
shall  Continue  in  Longer  than  three  yeares,  and  in  Case  anie 
member  shall  decease  before  the  last  election  during  his  time, 
That  then  aat  the  next  election  ensuing  his  decease,  another  shall 
be  chosen  to  supply  his  place  for  the  Remaining  Time  he  was  to 
have  served,  and  no  longer. 

Third.  That  after  the  first  Seven  years  everie  one  of  the  said 
third  parts  that  goeth  yearlie  off,  shall  be  uncapable  of  being 
chosen  again  for  one  whole  year  following;  That  so,  all  that  are 
Capable  and  Qualified  as  aforesaid  may  be  fitted  for  government 
and  have  a  share  of  the  care  and  burthen  of  it. 

Fourth.  That  the  Provincial  Council  in  all  cases  and  matters 
of  moment,  as  their  arguing  upon  bills  to  be  past  into  laws,  or 
proceedings,  about  erecting  of  Courts  of  Justice,  Sitting  in  judg 
ment  upon  Criminals  impeached,  and  choice  of  officers,  in  sucji 
manner  as  is  hereinefter  expressed;  not  Less  than  two  Thirds  of 
the  whole  shall  make  a  Quorum,  and  that  the  consent  and  appro 
bation  of  two-thirds  of  that  Quorum  shall  be  had  in  all  such  cases 
or  matters  of  moment :  And  that  in  all  Cases  and  Matters  of  lesser 
moment  one-third  of  the  whole  shall  make  a  Quorum,  the  majoritie 
of  which  shall  and  may  always  determine  in  such  Cases  and  Causes 
of  lesser  moment. 

Fifth.  That  the  Governour  and  Provinciall  Council  shall  have 
the  power  of  preparing  and  proposing  to  the  Assemblie  hereafter 
mentioned,  all  Bills  which  they  shall  see  needful,  and  that  shall 
att  anie  time  be  past  into  Laws  within  the  said  Province  and 
Territories  thereof,  which  Bills  shall  be  published  and  affixed  to 
the  most  noted  place  in  everie  countie  of  this  Province  and 
Territories  thereof,  Twentie  days  before  the  meetting  of  the 
Assemblie  in  order  to  the  passing  of  the  same  into  Laws. 


202          PENNSYLVANIA  AND   DELAWARE  FRAME      [April  2/12 

[Sections  6  to  10,  inclusive,  are  substantially  identical  with 
Sections  8  to  12,  inclusive,  of  the  frame  of  1682.] 

Eleventh.  That  one  third  part  of  the  Provincial  Council 
Residing  with  the  Governour,  shall  with  the  Governour  from  time 
to  time  have  the  care  of  the  management  of  all  publick  affairs, 
relating  to  the  Peace,  Justice,  Treasurie,  Trade  and  Improvement 
of  the  Province  and  Territories,  and  to  the  good  education  of  the 
youth  and  sobrietie  of  the  manners  of  the  inhabitants  therein  as 
aforesaid. 

Twelfth.  That  the  Governour  or  his  Deputie  shall  allways 
preside  in  the  Provinciall  Council,  and  that  hee  shall  att  no  time 
therein  perform  anie  publick  act  of  State  whatsoever  that  shall  or 
may  relate  unto  the  Justice,  Trade,  Treasury  or  Safetie  of  the 
Province  and  Territories  aforesaid,  but  by  and  with  the  advice 
and  consent  of  the  Provinciall  Council  thereof. 

Thirteenth.  And  to  the  end  that  all  Bills  prepared  and  agreed 
by  the  Governour  and  Provinciall  Council  as  aforesaid,  may  yet 
have  the  more  full  Concurrence  of  the  freemen  of  the  Province 
and  Territories  thereof;  It  is  declared  granted  and  confirmed  that 
att  the  time  and  place  in  everie  countie  for  the  choice  of  one 
person  to  serve  in  Provinciall  Council  as  aforesaid,  The  respective 
Members  thereof  att  their  said  meetting  shall  yearlie  choose  outt 
of  themselves  six  persons  of  note  for  virtue,  wisdom  and  abilitie 
to  serve  in  Assemblie  as  their  Representatives,  who  shall  yearlie 
meet  on  the  Tenth  day  of  the  third  month  in  the  capitall  towne 
or  citie  of  the  said  Province,  unless  the  Governour  and  Provin 
ciall  Councill  shall  think  fitt  to  appoynt  another  place  to  meet  in, 
where  during  eight  dayes,  the  several  members  may  freelie  confer 
with  one  another;  [the  remaining  provisions  being  similar  to 
those  in  Sec.  14  of  the  frame  of  1682]. 

[Section  14  corresponds  to  Sec.  15  of  the  frame  of  1682.] 

Fifteenth.  And  that  the  representatives  of  the  people  in  Pro 
vinciall  Council  and  Assemblie,  May  in  after  ages  bear  some 
proportion  with  the  increase  and  multiplying  of  the  people;  The 
numbers  of  such  representatives  of  the  people  may  be  from  time 
to  time  increased  and  enlarged  so  as  at  no  time  the  number 
exceed  seventie-two  for  the  Provincial  Council  and  two  hundred 
for  the  Assembly;  The  appoyntment  and  proportioning  of  which 
number  as  also  the  laying  and  methodizing  of  the  choice  of  such 
representatives  in  future  times  most  equallie  to  the  division  of 


1683]  PENNSYLVANIA  AND   DELAWARE   FRAME  203 

the  country  or  number  of  the  inhabitants,  is  left  to  the  Governour 
and  Provincial  Council  to  propose,  and  to  the  Assemblie  to 
resolve;  So  that  the  order  of  rotation  be  strictlie  observed  both 
in  choice  of  the  Council  and  the  respective  committees  thereof, 
That  is  to  say,  one-third  to  goe  off,  and  come  in  yearlie. 

Sixteenth.  That  from  and  after  the  death  of  this  present  Gov 
ernour,  the  Provincial!  Council  shall  together  with  the  succeeding 
Governour  erect  from  time  to  time  standing  Courts  of  Justice  in 
such  places  and  number  as  they  shall  judge  convenient  for  the 
good  government  of  the  said  Province  and  territories  thereof; 
And  that  the  provinciall  Council  shall  on  the  thirteenth  day  of 
the  second  month  then  next  ensuing  elect  and  present  to  the 
Governour  and  [or]  his  deputie  a  double  number  of  persons  to 
serve  for  Judges,  treasurers  and  masters  of  rolls  within  the  said 
Province  and  territories,  to  continue  so  long  as  they  shall  well 
behave  themselves  in  those  capacities  respectively.  And  the 
freemen  of  the  said  Province  in  Assemblie  mett  shall  on  the 
thirteenth  day  of  the  third  month  yearlie  elect  and  then  present 
to  the  Governour  or  his  deputie  a  double  number  of  persons  to 
serve  for  Sheriffs,  Justices  of  the  peace  and  Coroners  for  the 
yeare  next  ensuing;  out  of  which  respective  elections  and  pre 
sentments  the  Governour  [or]  his  deputie  shall  nominate  and 
comrnissionate  the  proper  number  for  each  office,  the  third  day 
after  the  said  respective  presentments,  or  else  the  first  named  in 
such  presentment  for  each  office  as  aforesaid  shall  stand  and  serve 
in  that  office  the  time  before  respectively  limited;  And  in  case 
of  death  or  default,  such  vacancie  shall  be  supplied  by  the  Gov 
ernour  and  provincial  Council  in  manner  aforesaid. 

[Section  17  is  substantially  identical  with  Sec.  19  of  the  frame 
of  1682.] 

Eighteenth.  That  all  the  elections  of  members  or  representa 
tives  of  the  people,  to  serve  in  Provincial  Council  and  Assemblie 
and  all  questions  to  be  determined  by  both  or  either  of  them  that 
relate  to  choice  of  officers,  and  all  or  anie  other  personall  matters 
shall  be  resolved  or  determined  by  the  Ballot,  and  all  things 
relating  to  the  preparing  and  passing  of  Bills  into  Laws,  shall  be 
openlie  declared  and  resolved  by  the  vote. 

[Sections  19  and  20  correspond  to  Sections  21  and  22  of  the 
frame  of  1682.] 

Twenty-first.    And  for  the  satisfaction  and  encouragement  of 


204          PENNSYLVANIA  AND   DELAWARE  FRAME      [April  2/12 

all  aliens,  I  doe  give  and  grant,  that  if  anie  alien  who  is  or  shall 
be  a  purchaser  or  who  doth  or  shall  inhabit  in  this  Province  or 
territories  thereof,  shall  decease  att  anie  time  before  he  can  well 
be  naturalized;  His  right  and  interest  therein  shall  notwithstand 
ing  descend  to  his  wife  and  children,  or  other  his  relations,  Be 
he  testate  or  intestate,  according  to  the  laws  of  this  Province  and 
territories  thereof  in  such  cases  provided;  In  as  free  and  ample 
manner  to  all  intents  and  purposes,  as  if  the  said  alien  had  been 
naturalized. 

Twenty-second.  And  that  the  inhabitants  of  this  Province  and 
territories  thereof  may  be  accommodated  with  such  food  and 
sustenance  as  God  in  his  providence  hath  freelie  afforded.  I  do 
also  further  Grant  to  the  inhabitants  of  this  Province  and  terri 
tories  thereof,  libertie  to  Fowle  and  Hunt  upon  the  lands  they 
hold  and  all  other  lands  therein,  not  enclosed;  and  to  fish  in  all 
waters  in  the  said  lands,  and  in  all  Rivers  and  Rivulets,  in  and 
belonging  to  this  Province  and  territories  thereof,  with  Libertie 
to  draw  his  or  their  fish  on  shoare  on  any  man's  Lands,  So  as  it 
be  not  to  the  Detriment  or  annoyance  of  the  owner  thereof, 
Except  such  lands  as  doe  lye  upon  inland  Rivulets,  that  are  not 
Boatable,  or  which  are  or  may  be  hereafter  erected  into  manners. 

Twenty-third.  And  that  all  the  inhabitants  of  this  Province 
and  territories  thereof,  whether  purchasers  or  others  may  have 
the  last  worldlie  pledge  of  my  good  and  kind  intentions  to  them 
and  theirs,  I  doe  Give,  Grant  and  Confirme  to  all  and  everie  one 
of  them  full  and  quiet  enjoyment  of  their  respective  lands,  To 
which  they  have  any  lawfull  or  equitable  claime,  saving  onlie 
such  rents  and  services  for  the  same  as  are  or  customarilie  ought 
to  be  reserved  to  mee  my  Heirs  or  Assigns. 

Twenty-fourth.  That  no  Act,  Law  or  Ordinance  whatsoever 
shall  att  anie  Time  hereafter  be  made  or  done  by  the  Proprietarie 
and  Governour  of  this  Province  and  territories  thereunto  belong 
ing,  his  heirs  or  assigns,  or  by  the  freemen  in  Provinciall  Council 
or  Assemblie,  To  Alter,  Change  or  Diminish  the  forme  or  effect 
of  this  Charter  or  anie  part  or  Clause  thereof;  or  contrary  to  the 
true  intent  and  meaning  thereof,  without  the  consent  of  the  Propri 
etarie  and  Governour  his  heirs  or  assigns  and  Six  parts  of  Seven 
of  the  said  freemen  in  provinciall  Council  and  Assemblie  mett.* 
#######*### 

*  The  formal  endorsements,  and  the  names  of  the  signers,  are  omitted. 


1691]  SECOND  CHARTER  OF  MASSACHUSETTS  2O$ 

No.  42.    Second  Charter  of  Massachusetts 

October  7/17,  1691 

IN  April,  1688,  Increase  Mather  was  sent  to  England  to  urge  a  restoration 
of  the  Massachusetts  charter  of  1629;  and  after  the  flight  of  James  II.,  and 
the  deposition  of  Andros,  government  under  the  charter  was  temporarily 
resumed.  In  January,  1688/9,  Mather  learned  that  "a  circular  letter  was  to 
be  sent  to  all  the  plantations  confirming  the  existing  governments  until  further 
orders."  He  succeeded  in  stopping  the  dispatch  of  the  letters  intended  for 
New  England,  and  thus  prevented  the  reinstatement  of  Andros,  who  was 
shortly  made  governor  of  Virginia.  When  it  became  clear  that  the  old 
charter  would  not  be  restored,  and  that  Massachusetts  would  remain  a 
royal  province,  Mather  and  two  other  representatives  of  the  colony  peti 
tioned  for  a  new  charter.  The  petition  was  favorably  received,  and  the 
instrument  was  drafted  in  consultation  with  the  agents. 

REFERENCES. —  Text  in  Acts  and  Resolves  of  the  Province  of  Massachusetts 
Bay,  I.,  1-20.  See  Doyle's  Puritan  Colonies,  II.,  352-379;  Winsor's  Narr. 
and  Crit.  Hist.,V.,  87-91;  Memorial  History  of  Boston,  II.,  chap.  I.  On 
the  vacating  of  the  charter  of  1629,  see  Toppan's  Edward  Randolph  (Prince 
Soc.  Publ.),  I.,  II.;  the  exemplification  is  in  Mass.  Hist.  Coll.,  Fourth  Series, 
II.,  246-278. 

[The  charter  begins  by  reciting  the  grant  of  a  patent  in  1620 
to  the  Council  for  New  England,  the  grant  by  the  Council  to  the 
Massachusetts  Bay  Company  in  1628,  the  royal  charter  of  1629, 
and  the  vacating  of  the  charter  by  a  judgment  in  chancery  in 
1684,  and  continues:] 

£Jnti  OTfjmag  severall  persons  employed  as  Agents  in  behalfe 
of  Our  said  Collony  of  the  Massachusetts  Bay  in  New  England 
have  made  their  humble  application  unto  Us  that  Wee  would  be 
graciously  pleased  by  Our  Royall  Charter  to  Incorporate  Our 
Subjects  in  Our  said  Collony  and  to  grant  and  confirme  unto 
them  such  powers  priviledges  and  Franchises  as  [in]  Our  Royall 
Wisdome  should  be  thought  most  conduceing  to  Our  Interest  and 
Service  and  to  the  Welfare  and  happy  State  of  Our  Subjects  in 
New  England  and  Wee  being  graciously  pleased  to  gratifie  Our 
said  Subjects  And  alsoe  to  the  end  Our  good  Subjects  within  Our 
Collony  of  New  Plymouth  in  New  England  aforesaid  may  be 
brought  under  such  a  forme  of  Government  as  may  put  them  in 
a  better  Condition  of  defence  and  considering  aswell  the  granting 
unto  them  as  unto  Our  Subjects  in  the  said  Collony  of  the  Massa 
chusetts  Bay  Our  Royall  Charter  with  reasonable  Powers  and 


206  SECOND  CHARTER  OF  MASSACHUSETTS      [Oct.  7/17 

Priviledges  will  much  tend  not  only  to  the  safety  but  to  the 
Flourishing  estate  of  Our  Subjects  in  the  said  parts  of  New  Eng 
land  and  alsoe  to  the  advanceing  of  the  ends  for  which  the  said 
Plantations  were  at  first  encouraged  .  .  .  Wee  doe  by  these  pres 
ents  for  Us  Our  Heirs  and  Successors  Will  and  Ordeyne  that  the 
Territories  and  Collonyes  comonly  called  or  known  by  the  Names 
of  the  Collony  of  the  Massachusetts  Bay  and  Collony  of  New 
Plymouth  the  Province  of  Main  the  Territorie  called  Accadia  or 
Nova  Scotia  and  all  that  Tract  of  Land  lying  betweene  the  said 
Territori/tfr/es  of  Nova  Scotia  and  the  said  Province  of  Main  be 
Erected  United  and  Incorporated  .  .  .  into  one  reall  Province  by 
the  Name  of  Our  Province  of  the  Massachusetts  Bay  in  New 
England  And  .  .  .  Wee  doe  give  and  grant  unto  Our  good  Sub 
jects  the  Inhabitants  of  Our  said  Province  or  Territory  of  the 
Massachusetts  Bay  and  their  Successors  all  that  parte  of  New 
England  in  America  lying  and  extending  from  the  greate  River 
commonly  called  Monomack  alias  Merrimack  on  the  Northpart 
and  from  three  Miles  Northward  of  the  said  River  to  the  Atlantick 
or  Western  Sea  or  Ocean  on  the  South  part  And  all  the  Lands 
and  Hereditaments  whatsoever  lying  within  the  limitts  aforesaid 
and  extending  as  farr  as  the  Outermost  Points  or  Promontories 
of  Land  called  Cape  Cod  and  Cape  Mallabar  North  and  South 
and  in  Latitude  Breadth  and  in  Length  and  Longitude  of  and 
within  all  the  Breadth  and  Compass  aforesaid  throughout  the 
Main  Land  there  from  the  said  Atlantick  or  Western  Sea  and 
Ocean  on  the  East  parte  towards  the  South  Sea  or  Westward  as 
far  as  Our  Collonyes  of  Rhode  Island  Connecticut  and  the 
Marragansett  \Narragansett]  Countrey  all  alsoe  all  that  part  or 
portion  of  Main  Land  beginning  at  the  Entrance  of  Pescata  way 
Harbour  and  soe  to  pass  upp  the  same  into  the  River  of  Newicke- 
wannock  and  through  the  same  into  the  furthest  head  thereof  and 
from  thence  Northwestward  till  One  Hundred  and  Twenty  Miles 
be  finished  and  from  Piscata  way  Harbour  mouth  aforesaid  North- 
Eastward  along  the  Sea  Coast  to  Sagadehock  and  from  the  Period 
of  One  Hundred  and  Twenty  Miles  aforesaid  to  crosse  over  Land 
to  the  One  Hundred  and  Twenty  Miles  before  reckoned  up  into 
the  Land  from  Piscataway  Harbour  through  Newickawannock 
River  and  also  the  North  halfe  of  the  Isles  and  [of]  Shoales 
together  with  the  Isles  of  Cappawock  and  Nantukett  near  Cape 
Cod  aforesaid  and  alsoe  [all]  Lands  and  Hereditaments  lying 


1691]  SECOND  CHARTER  OF  MASSACHUSETTS  2O/ 

and  being  in  the  Countrey  and  Territory  commonly  called  Accadia 
or  Nova  Scotia  And  all  those  Lands  and  Hereditaments  lying  and 
extending  betweene  the  said  Countrey  or  Territory  of  Nova  Scotia 
and  the  said  River  of  Sagadahock  or  any  part  thereof  .  .  .  and 
alsoe  all  Islands  and  Isletts  lying  within  tenn  Leagues  directly 
opposite  to  the  Main  Land  within  the  said  bounds  .  .  .  Pr0bitiei 
neverthelesse  .  .  .  that  all  and  every  such  Lands  Tenements  and 
Hereditaments  and  all  other  estates  which  any  person  or  persons 
or  Bodyes  Politique  or  Corporate  Townes  Villages  Colledges  or 
Schooles  doe  hold  and  enjoy  or  ought  to  hold  and  enjoy  within 
the  bounds  aforesaid  by  or  under  any  Grant  or  estate  duely  made 
or  granted  by  any  Generall  Court  formerly  held  or  by  vertue  of 
the  Letters  Patents  herein  before  recited  or  by  any  other  lawfull 
Right  or  Title  whatsoever  shall  be  by  ...  [them]  .  .  .  for  ever 
hereafter  held  and  enjoyed  according  to  the  purport  and  Intent  of 
such  respective  Grant  under  and  Subject  neverthelesse  to  the  Rents 
and  Services  thereby  reserved  or  made  payable  .  .  .  [saving  any 
claim  of  Samuel  Allen  of  London,  from  John  Mason,  deceased; 
and  provided,  further,  that  no  grants  or  conveyances  of  said  lands 
or  hereditaments  to  any  towns,  colleges,  schools,  or  persons  shall 
be  voided  or  prejudiced  by  reason  of  defective  form.]  And  Wee 
doe  further  .  .  .  Establish  and  ordeyne  that  .  .  .  there  shall  be 
one  Governour  One  Leiutenant  or  Deputy  Governour  and  One 
Secretary  of  Our  said  Province  or  Territory  to  be  from  time  to 
time  appointed  and  Commissionated  by  Us  ...  and  Eight  and 
Twenty  Assistants  or  Councillors  to  be  advising  and  assisting  to 
the  Governour  .  .  .  for  the  time  being  as  by  these  presents  is 
hereafter  directed  and  appointed  which  said  Councillors  or 
Assistants  are  to  be  Constituted  Elected  and  Chosen  in  such 
forme  and  manner  as  hereafter  in  these  presents  is  expressed 
And  for  the  better  Execution  of  Our  Royall  Pleasure  and  Grant 
in  this  behalfe  Wee  .  .  .  Nominate  Ordeyne  make  and  Constitute 
.  .  .  Simon  Broadstreet  John  Richards  Nathaniel  Saltenstall  Wait 
Winthrop  John  Phillipps  James  Russell  Samuell  Sewall  Samuel 
Appleton  Barthilomew  Gedney  John  Hawthorn  Elisha  Hutchin- 
son  Robert  Pike  Jonathan  Curwin  John  Jolliffe  Adam  Winthrop 
Richard  Middlecot  John  Foster  Peter  Serjeant  Joseph  Lynd 
Samuell  Hayman  Stephen  Mason  Thomas  Hinckley  William 
Bradford  John  Walley  Barnabas  Lothrop  Job  Alcott  Samuell 
Daniell  and  Silvanus  Davis  Esquiers  the  first  and  present  Coun- 


208  SECOND   CHARTER  OF  MASSACHUSETTS      [Oct.  7/17 

cillors  or  Assistants  of  Our  said  Province  to  continue  in  their 
said  respective  Offices  or  Trusts  .  .  .  untill  the  last  Wednesday 
in  May  which  shall  be  in  the  yeare  of  Our  Lord  One  Thousand 
Six  Hundred  Ninety  and  Three  and  untill  other  Councillors  or 
Assistants  shall  be  chosen  and  appointed  in  their  stead  in  such 
manner  as  in  these  presents  is  expressed  &nti  SSJee  doe  further 
.  .  .  appoint  .  .  .  Isaac  Addington  Esquier  to  be  Our  first  and 
present  Secretary  of  Our  said  Province  during  Our  Pleasure  &nti 
(Shir  Will  and  Pleasure  is  that  the  Governour  .  .  .  shall  have 
Authority  from  time  to  time  at  his  discretion  to  assemble  and 
call  together  the  Councillors  or  Assistants  .  .  .  and  that  the  said 
Governour  with  the  said  Assistants  or  Councillors  or  Seaven  of 
them  at  the  least  shall  and  may  from  time  to  time  hold  and  keep 
a  Councill  for  the  ordering  and  directing  the  Affaires  of  Our  said 
Province  &nli  further  Wee  Will  .  .  .  that  there  shall  ...  be  con 
vened  ...  by  the  Governour  .  .  .  upon  every  last  Wednesday  in 
the  Moneth  of  May  every  yeare  for  ever  and  at  all  such  other 
times  as  the  Governour  .  .  .  shall  think  fitt  and  appoint  a  great 
and  Generall  Court  of  Assembly  Which  .  .  .  shall  consist  of  the 
Governour  and  Councill  or  Assistants  .  .  .  and  of  such  Freeholders 
...  as  shall  be  from  time  to  time  elected  or  deputed  by  the 
Major  parte  of  the  Freeholders  and  other  Inhabitants  of  the  re 
spective  Townes  or  Places  who  shall  be  present  at  such  Elections 
Each  of  the  said  Townes  and  Places  being  hereby  impowered  to 
Elect  and  Depute  Two  Persons  and  noe  more  to  serve  for  and 
represent  them  respectively  in  the  said  Great  and  Generall  Court 
.  .  .  To  which  Great  and  Generall  Court .  .  .  Wee  doe  hereby  .  .  . 
grant  full  power  and  authority  from  time  to  time  to  direct  .  .  . 
what  Number  each  County  Towne  and  Place  shall  Elect  and 
Depute  to  serve  for  and  represent  them  respectively  .  .  .  -probitirti 
alwayes  that  noe  Freeholder  or  other  Person  shall  have  a  Vote  in 
the  Election  of  Members  .  .  .  who  at  the  time  of  such  Election 
shall  not  have  an  estate  of  Freehold  in  Land  within  Our  said 
Province  or  Territory  to  the  value  of  Forty  Shillings  per  Annum 
at  the  least  or  other  estate  to  the  value  of  Forty  *  pounds  Sterling 
And  that  every  Person  who  shall  be  soe  elected  shall  before  he  sitt 
or  Act  in  the  said  Great  and  Generall  Court  .  .  .  take  the  Oaths 
mentioned  in  an  Act  of  Parliament  made  in  the  first  yeare  of  Our 
Reigne  Entituled  an  Act  for  abrogateing  of  the  Oaths  of  Alle- 

*  See  note  in  Acts  and  Resolves,  vol.  I.,  p.  393. 


1691]  SECOND  CHARTER  OF   MASSACHUSETTS  209 

glance  and  Supremacy  and  appointing  other  Oaths  and  thereby 
appointed  to  be  taken  instead  of  the  Oaths  of  Allegiance  and 
Supremacy  and  shall  make  Repeat  and  Subscribe  the  Declaration 
mentioned  in  the  said  Act  before  the  Governour  and  Leiutenant 
or  Deputy  Governour  or  any  two  of  the  Assistants  for  the  time 
being  who  shall  be  thereunto  authorized  and  Appointed  by  Our 
said  Governour  and  that  the  Governour  for  the  time  being  shall 
have  full  power  and  Authority  from  time  to  time  as  he  shall  Judge 
necessary  to  adjourne  Prorogue  and  dissolve  all  Great  and  Gen- 
erall  Courts  .  .  .  met  and  convened  as  aforesaid  And  .  .  .  Wee 
doe  .  .  .  Ordeyne  that  yearly  once  in  every  yeare  ...  the  afore 
said  Number  of  Eight  and  Twenty  Councillors  or  Assistants 
shall  be  by  the  Generall  Court  .  .  .  newly  chosen  that  is  to  say 
Eighteen  at  least  of  the  Inhabitants  of  or  Proprietors  of  Lands 
v/ithin  the  Territory  formerly  called  the  Collony  of  the  Massachu 
setts  Bay  and  four  at  the  least  of  the  Inhabitants  of  or  Proprietors 
of  Lands  within  the  Territory  formerly  called  New  Plymouth  and 
three  at  the  least  of  the  Inhabitants  of  or  Proprietors  of  Land 
within  the  Territory  formerly  called  the  Province  of  Main  and 
one  at  the  least  of  the  Inhabitants  of  or  Proprietors  of  Land 
within  the  Territory  lying  between  the  River  of  Sagadahoc  and 
Nova  Scotia  .  .  .  [The  General  Court  may  remove  Assistants  from 
office,  and  may  also  fill  vacancies  caused  by  removal  or  death.] 
And  Wee  doe  further  Grant  and  Ordeyne  that  it  shall  and  may 
be  lawfull  for  the  said  Governour  with  the  advice  and  consent  of 
the  Councill  or  Assistants  from  time  to  time  to  nominate  and 
appoint  Judges  Commissioners  of  Oyer  and  Terminer  Sheriffs 
Provosts  Marshalls  Justices  of  the  Peace  and  other  Officers  to 
Our  Councill  and  Courts  of  Justice  belonging  ^roijitieti  alwayes 
that  noe  such  Nomination  or  Appointment  of  Officers  be  made 
without  notice  first  given  or  summons  yssued  out  seaven  dayes 
before  such  Nomination  or  Appointment  unto  such  of  the  said 
Councillors  or  Assistants  as  shall  be  at  that  time  resideing  within 
Our  said  Province  .  .  .  and  for  the  greater  Ease  and  Encourage 
ment  of  Our  Loveing  Subjects  Inhabiting  our  said  Province  .  .  . 
and  of  such  as  shall  come  to  Inhabit  there  Wee  doe  .  .  .  Ordaine 
that  for  ever  hereafter  there  shall  be  a  liberty  of  Conscience 
allowed  in  the  Worshipp  of  God  to  all  Christians  (Except  Papists) 
Inhabiting  .  .  .  within  our  said  Province  .  .  .  [Courts  for  the  trial 
of  both  civil  and  criminal  cases  may  be  established  by  the  General 


210  SECOND  CHARTER  OF  MASSACHUSETTS      [Oct.  7/17 

Court,  reserving  to  the  governor  and  assistants  matters  of  probate 
and  administration.]  ^Inti  rjjfycreag  Wee  judge  it  necessary  that  all 
our  Subjects  should  have  liberty  to  Appeale  to  us  ...  in  Cases 
that  may  deserve  the  same  Wee  doe  .  .  .  Ordaine  that  incase 
either  party  shall  not  rest  satisfied  with  the  Judgement  or  Sentence 
of  any  Judicatories  or  Courts  within  our  said  Province  ...  in 
any  Personall  Action  wherein  the  matter  in  difference  doth 
exceed  the  value  of  three  hundred  Pounds  Sterling  that  then  he 
or  they  may  appeale  to  us  ...  in  our  .  .  .  Privy  Councill  Pro 
vided  such  Appeale  be  made  within  Fourteen  dayes  after  the 
Sentence  or  Judgement  given  and  that  before  such  Appeale  be 
allowed  Security  be  given  by  the  party  or  parties  appealing  in 
the  value  of  the  matter  in  Difference  to  pay  or  Answer  the  Debt 
or  Damages  for  the  which  Judgement  or  Sentence  is  given  With 
such  Costs  and  Damages  as  shall  be  Awarded  by  us  ...  incase 
the  Judgement  or  Sentence  be  affirmed  [provided  that  no  execu 
tion  shall  be  stayed  by  reason  of  such  appeal.]  ^rtti  we  doe 
further  .  .  .  grant  to  the  said  Governor  and  the  great  and  Gen- 
erall  Court  .  .  .  full  power  and  Authority  from  time  to  time  to 
make  ...  all  manner  of  wholesome  and  reasonable  Orders  Laws 
Statutes  and  Ordinances  Directions  and  Instructions  either  with 
penalties  or  without  (soe  as  the  same  be  not  repugnant  or  con 
trary  to  the  Lawes  of  this  our  Realme  of  England)  as  they  shall 
Judge  to  be  for  the  good  and  welfare  of  our  said  Province.  .  .  . 
And  for  the  Government  and  Ordering  thereof  and  of  the  People 
Inhabiting  or  who  shall  Inhabit  the  same  and  for  the  necessary 
support  and  Defence  of  the  Government  thereof  [and  also]  full 
power  and  Authority  to  name  and  settle  Annually  all  Civill  Officers 
within  the  said  Province  such  Officers  Excepted  the  Election  and 
Constitution  of  whome  wee  have  by  these  presents  reserved  to  us 
...  or  to  the  Governor  .  .  .  and  to  Settforth  the  severall  Duties 
Powers  and  Lymitts  of  every  such  Officer  .  .  .  and  the  forms  of 
such  Oathes  not  repugnant  to  the  Lawes  and  Statutes  of  this  our 
Realme  of  England  as  shall  be  respectively  Administred  unto 
them  for  the  Execution  of  their  severall  Offices  and  places  And 
alsoe  to  impose  Fines  mulcts  Imprisonments  and  other  Punish 
ments  And  to  Impose  and  leavy  proportionable  and  reasonable 
Assessments  Rates  and  Taxes  upon  the  Estates  and  Persons  of  all 
and  every  the  Proprietors  and  Inhabitants  of  our  said  Province 
or  Territory  to  be  Issued  and  disposed  of  by  Warrant  under  the 


1691]  SECOND   CHARTER   OF  MASSACHUSETTS  211 

hand  of  the  Governor  .  .  .  with  the  advice  and  Consent  of  the 
Councill  for  Our  Service  in  the  necessary  defence  and  support  of 
our  Government  of  our  said  Province  .  .  .  and  the  Protection  and 
Preservation  of  the  Inhabitants  there  according  to  such  Acts  as 
are  or  shall  be  in  force  within  our  said  Province  and  to  dispose 
of  matters  and  things  .  .  .  -probtlirtJ  alwaies  .  .  .  that  in  the 
frameing  and  passing  of  all  such  Orders  .  .  .  and  in  all  Elections 
and  Acts  of  Government  whatsoever  to  be  passed  made  or  done 
by  the  said  Generall  Court  ...  or  in  Councill  the  Governor  .  .  . 
shall  have  the  Negative  voice  and  that  without  his  consent  or 
Approbation  signified  and  declared  in  Writeing  no  such  Orders 
.  .  .  Elections  or  other  Acts  of  Government  .  .  .  shall  be  of  any 
Force  effect  or  validity  .  .  .  ^Inti  wee  doe  .  .  .  Ordaine  that  the 
said  Orders  Laws  Statutes  and  Ordinances  bis  by  the  first  oppor 
tunity  after  the  makeing  thereof  sent  or  Transmitted  unto  us  ... 
under  the  Publique  Scale  to  be  appointed  by  us  for  Our  .  .  . 
approbation  or  Disallowance  And  that  incase  all  or  any  of 
them  shall  at  any  time  within  the  space  of  three  yeares  next  after 
the  same  shall  have  been  presented  to  us  ...  in  Our  .  .  .  Privy 
Councill  be  disallowed  and  rejected  and  soe  signified  by  us  ... 
under  our  .  .  .  Signe  Manuall  and  Signett  or  by  or  in  our  .  .  . 
Privy  Councill  unto  the  Governor  for  the  time  being  then  such 
...  of  them  as  shall  be  soe  disallowed  .  .  .  shall  thenceforth 
cease  and  determine  and  become  utterly  void  and  of  none  effect 
[Laws,  &c.,  not  disallowed  within  the  three  years,  to  remain  in 
force  until  repealed  by  the  General  Court.  Grants  of  land  by 
the  General  Court,  within  the  limits  of  the  former  colonies  of 
Massachusetts  Bay  and  New  Plymouth,  and  the  Province  of 
Maine,  excepting  the  region  north  and  east  of  the  Sagadahoc, 
to  be  valid  without  further  royal  approval.  The  governor  shall 
direct  the  defense  of  the  province,  and  may  exercise  martial 
law  in  case  of  necessity;]  .  .  .  -jjlrofntieti  alwayes  .  .  .  That 
the  said  Governour  shall  not  at  any  time  hereafter  by  vertue 
of  any  power  hereby  granted  or  hereafter  to  be  granted  to 
him  Transport  any  of  the  Inhabitants  of  Our  said  Province 
...  or  oblige  them  to  march  out  of  the  Limitts  of  the  same 
without  their  Free  and  voluntary  consent  or  the  Consent  of  the 
Great  and  Generall  Court  ...  nor  grant  Commissions  for  exer 
cising  the  Law  Martiall  upon  any  the  Inhabitants  of  Our  said 
Province  .  .  without  the  Advice  and  Consent  of  the  Councill  or 


Hwwrr  IF 


ftF)>  A  1*1' •«.«... 


212  NAVIGATION  ACT  [April  10/20 

Assistants  of  the  same  .  .  .  [In  case  of  the  death,  removal  or  ab 
sence  of  the  governor,  the  lieutenant-governor  may  take  his  place; 
failing  both  governor  and  lieutenant-governor,  the  council,  or  the 
major  part  of  them,  are  to  act.]  ^robitiEti  alwaies  .  .  .  that  nothing 
herein  shall  extend  or  be  taken  to  ...  allow  the  Exercise  of  any 
Admirall  Court  Jurisdiction  Power  or  Authority  but  that  the  same 
be  and  is  hereby  reserved  to  Us  ...  and  shall  from  time  to  time 
be  ...  exercised  by  vertue  of  Commissions  to  be  yssued  under 
the  Great  Scale  of  England  or  under  the  Scale  of  the  High 
Admirall  or  the  Commissioners  for  executing  the  Office  of  High 
Admirall  of  England.  .  .  .  ^IntJ  lagtlg  for  the  better  provideing 
and  furnishing  of  Masts  for  Our  Royall  Navy  Wee  doe  hereby 
reserve  to  Us  ...  all  Trees  of  the  Diameter  of  Twenty  Four 
Inches  and  upwards  of  Twelve  Inches  from  the  ground  growing 
upon  any  soyle  or  Tract  of  Land  within  Our  said  Province  .  .  . 
not  heretofore  granted  to  any  private  persons  And  Wee  doe 
restraine  and  forbid  all  persons  whatsoever  from  felling  cutting 
or  destroying  any  such  Trees  without  the  Royall  Lycence  of  Us 
.  .  .  first  had  and  obteyned  upon  penalty  of  Forfeiting  One  Hun 
dred  Pounds  sterling  unto  Ous  [Us]  ,  ,  ,  for  every  such  Tree  so 
felled  cutt  or  destroyed 


No.  43.     Navigation  Act 

April  10/20,  1696. 

THE  Navigation  Act  of  1672,  besides  laying  duties  on  certain  "enumerated 
articles,"  had  aimed  to  provide  a  more  effective  system  of  administration  for 
the  colonial  customs  service;  but  in  the  years  immediately  following  the 
revolution  of  1688,  the  acts  of  trade,  never  much  regarded  in  the  colonies, 
were  extensively  violated.  In  particular,  the  lack  of  a  system  of  registry  for 
English-built  ships  made  the  enforcement  of  the  acts  difficult,  and  led  to 
complaints  from  British  merchants  of  loss  of  revenue;  and  it  was  to  supply 
this  lack  that  the  act  of  1696  was  especially  designed.  "All  further  shipping 
laws  were  in  the  nature  of  detailed  regulations,  and  this  act  ...  may  be  said 
to  have  added  the  finishing  touch  to  the  colonial  system  so  far  as  shipping 
was  concerned"  (Channing). 

REFERENCES. —  Text  in  Statutes  of  the  Realm,  VIL,  103-107.  The  act  is 
cited  as  7  and  8  Wm.  III.,  c.  22.  For  general  references,  see  under  No.  22, 
ante. 


1 696]  NAVIGATION  <kACT  2 1 3 


AN  ACT  for  preventing  Frauds  and  regulating  Abuses  in  the 
Plantation  Trade. 

[Recital  that  notwithstanding  12  Car.  II.,  c.  18,  15  Car.  II., 
c.  7,  22  &  23  Car.  II.,  c.  26,  and  25  Car.  II.,  c.  7,  great  abuses 
are  committed:]  For  Remedy  thereof  for  the  future  bee  itt 
enacted  .  .  %  That  after  the  Five  and  twentieth  Day  of  March 
One  thousand  six  hundred  ninety  eight  noe  Goods  or  Merchan 
dizes  whatsoever  shall  bee  imported  into  or  exported  out  of  any 
Colony  or  Plantation  to  His  Majesty  in  Asia  Africa  or  America 
belonging  or  in  his  Possession  or  which  may  hereafter  belong 
unto  or  bee  in  the  Possession  of  His  Majesty  His  Heires  or  Suc 
cessors  or  shall  bee  laden  in  or  carried  from  any  One  Port  or 
Place  in  the  said  Colonies  or  Plantations  to  any  other  Port  or 
Place  in  the  same,  the  Kingdome  of  England  Dominion  of  Wales 
or  Towne  of  Berwick  upon  Tweed  in  any  Shipp  or  Bottome  but 
what  is  or  shall  bee  of  the  Built  of  England  or  of  the  Built  of 
Ireland  or  the  said  Colonies  or  Plantations  and  wholly  owned  by 
the  People  thereof  or  any  of  them  and  navigated  with  the  Masters 
and  Three  Fourths  of  the  Mariners  of  the  said  Places  onely 
(except  such  Shipps  onely  as  are  or  shall  bee  taken  Prize  and 
Condemnation  thereof  made  in  one  of  the  Courts  of  Admiralty 
in  England  Ireland  or  the  said  Colonies  or  Plantations  [to  bee 
navigated  by  the  Master  and  Three  Fourths  of  the  Mariners 
English  or  of  the  said  Plantations  as  aforesaid  and  whereof  the 
Property  doth  belong  to  English  Men*]  And  alsoe  except  for 
the  space  of  Three  Yeares  such  Foreigne  built  Shipps  as  shall  bee 
employed  by  the  Commissioners  of  His  Majesties  Navy  -for  the 
tyme  being  or  upon  Contract  with  them  in  bringing  onely  Masts 
Timber  and  other  Navall  Stores  for  the  Kings  Service  from  His 
Majesties  Colonies  or  Plantations  to  this  Kingdome  to  bee  navi 
gated  as  aforesaid  and  whereof  the  Property  doth  belong  to 
English  Men)  under  paine  of  Forfeiture  of  Shipp  and  Goods  one 
third  part  whereof  to  bee  to  the  use  of  His  Majesty  His  Heires 
and  Successors  one  third  part  to  the  Governor  of  the  said  Col 
onies  or  Plantations  and  the  other  third  part  to  the  Person  who 
shall  informe  and  sue  for  the  same  by  Bill  Plaint  or  Information 
in  any  of  His  Majesties  Courts  of  Record  att  Westminster  or  in 

*  Annexed  to  the  original  act  in  a  separate  schedule. 


214  NAVIGATION  ACT  [April  10/20 

any  Court  in  His  Majesties  Plantations  where  such  Offence  shall 
bee  committed. 

[Sec.  II.  provides  for  the  exportation  and  importation,  in 
certain  prize  ships  and  ships  foreign  built,  of  masts  and  other 
naval  stores.] 

[Sec.  III.  requires  governors  or  commanders-in-chief  of  the 
colonies  to  take  oaths  to  observe  the  acts  of  trade,  under  penalty 
of  a  fine  of  ^1000  and  removal  from  office.] 

[Sec.  IV.  requires  naval  officers,  appointed  by  the  governors 
for  the  customs  service,  to  give  security  to  the  Commissioners  of 
the  Customs  in  England  for  the  performance  of  their  duty.] 

V.  AND  for  the  more  effectuall  preventing  of  Frauds  and  regu 
lating  Abuses  in  the  Plantation  Trade  in  America  Bee  itt  further 
enacted  .  .  .  That  all  Shipps  comeing  into  or  goeing  out  of  any 
of  the  said  Plantations  and  ladeing  or  unladeing  any  Goods  or 
Commodities  whether  the  same  bee  His  Majesties  Shipps  of  Warr 
or  Merchants  Shipps  and  the  Masters  and  Commanders  thereof 
and  their  Ladings  shall  bee  subject  and  lyable  to  the  same  Rules 
Visitations  Searches  Penalties  and  Forfeitures  as  to  the  entring 
lading  or  dischargeing  theire  respective  Shipps  and  Ladings  as 
Shipps  and  their  Ladings  and  the  Commanders  and  Masters  of 
Shipps  are  subject  and  lyable  unto  in  this  Kingdome  .  .  .  [by 
virtue  of  the  act  14  Chas.  II.,  ch.  n].  .  .  .  And  that  the  Officers 
for  collecting  and  manageing  His  Majesties  Revenue  and  inspect 
ing  the  Plantation  Trade  in  any  of  the  said  Plantations  shall  have 
the  same  Powers  and  Authorities  for  visiting  and  searching  of 
Shipps  and  takeing  their  Entries  and  for  seizing  and  securing  or 
bringing  on  Shoare  any  of  the  Goods  prohibited  to  bee  imported 
or  exported  into  or  out  of  any  the  said  Plantations  or  for  which 
any  Duties  are  payable  or  ought  to  have  beene  paid  by  any  of  the 
before  mentioned  Acts  as  are  provided  for  the  Officers  of  the 
Customes  in  England  by  the  said  last  mentioned  Act  ...  [of  14 
Chas.  II.,  ch.  ii,]  ...  and  alsoe  to  enter  Houses  or  Warehouses 
to  search  for  and  seize  any  such  Goods  And  that  all  the  Wharf 
ingers  and  Owners  of  Keys  and  Wharfes  or  any  Lightermen 
Bargemen  Watermen  Porters  or  other  Persons  assisting  in  the 
Conveyance  Concealement  or  Rescue  of  any  of  the  said  Goods 
or  in  the  hindering  or  resistance  of  any  of  the  said  Officers  in 
the  performance  of  their  Duty  and  the  Boates  Barges  Lighters  or 
other  Vessells  imployed  in  the  Conveyance  of  such  Goods  shall 


1696]  NAVIGATION  ACT  21$ 

bee  subject  to  the  like  Paines  and  Penalties  as  are  provided  by 
the  same  Act  ...  [of  14  Chas.  II.,  ch.  n,]  .  .  .  in  relation  to 
prohibited  or  uncustomed  Goods  in  this  Kingdome  And  that 
the  like  Assistance  shall  bee  given  to  the  said  Officers  in  the 
Execution  of  their  Office  as  by  the  said  last  mentioned  Act  is 
provided  for  the  Officers  in  England  And  alsoe  that  the  said 
Officers  shall  bee  subject  to  the  same  Penalties  and  Forfeitures 
for  any  Corruptions  Frauds  Connivances  or  Concealements  in 
violation  of  any  the  before  mentioned  Lawes  as  any  Officers  of 
the  Customes  in  England  are  lyable  to  by  vertue  of  the  said  last 
mentioned  Act.  .  .  . 

*########## 

VIII.  AND  itt  is  further  enacted  and  declared.  .  .  .  That  all 
Lawes  By-laws  Usages  or  Customes  att  this  tyme  or  which  here 
after  shall  bee  in  practice  or  endeavoured  or  pretended  to  bee 
in  force  or  practice  in  any  of  the  said  Plantations  which  are  in 
any  wise  repugnant  to  the  before  mentioned  Lawes  or  any  of  them 
soe  far  as  they  doe  relate  to  the  said  Plantations  or  any  of  them 
or  which  are  [in  any]  wayes  repugnant  to  this  present  Act  or  to 
any  other  Law  hereafter  to  bee  made  in  this  Kingdome  soe  far  as 
such  Law  shall  relate  to  and  mention  the  said'  Plantations  are 
illegall  null  and  void  to  all  Intents  and  Purposes  whatsoever. 
*********** 

X.    [AND  for  the  better  executing  the  severall  Acts  of  Parlia 
ment  relating  to  the  Plantation  Trade  bee  itt  enacted.  .  .  .     That 
the  Lord  Treasurer  Commissioners  of  the  Treasury  and  the  Com 
missioners  of  the  Customes  in  England  for  the  tyme  being  shall 
I  and  may  constitute  and  appoint  such  and  soe  many  Officers  of  the 
j  Customes  in  any  City  Towne  River  Port  Harbour  or  Creeke  of 
j  or  belonging  to  any  of  the  Islands  Tracts  of  Land  and  Proprieties 
|  when  and  so  often  as  to  them  shall  seeme  needfull*]     Bee  itt 
:  further  also  enacted  That  upon  any  Actions  Suites  and  Informa- 
I  tions  that  shall  bee  brought  commenced  or  entred  in  the  said 
Plantations  upon  any  Law  or  Statute  concerning  His  Majesties 
*Duties  or  Shipps  or  Goods  to  bee  forfeited  by  reason  of  any 
i  unlawfull  Importations  or  Exportations  there  shall  not  bee  any 
1  Jury  but  of  such  onely  as  are  Natives  of  England  or  Ireland  or 
'  are  borne  in  His  Majesties  said  Plantations     And  also  that  upon 

*  Annexed  to  the  original  act  in  a  separate  schedule. 


2i6  NAVIGATION  ACT  [April  10/20 

all  such  Actions  Suits  and  Informations  the  Offences  may  bee 
laid  or  alleadged  to  bee  in  any  Colony  Province  County  Precinct 
or  Division  of  any  of  the  said  Plantations  where  such  Offences 
are  alleadged  to  bee  committed  att  the  pleasure  of  the  Officer  or 
Informer. 

*  *        *        *        *        *        *        *        *        *        * 

XV.  [(AND  *')  bee  itt  further  enacted  .  .  .  That  all  Persons  and 
theire  Assignees  claymeing  any  Right  or   (Property  f)   in  any 
Islands  or  Tracts  of  Land  upon  the  Continent  of  America  by 
Charter  or  Letters  Patents  shall  not  att  any  tyme  hereafter  alien 
sell  or  dispose  of  any  of  the  said  Islands  Tracts  of  Land  or  Pro 
prieties  other  than  to  the  Naturall  Borne  Subjects  of  England 
Ireland  Dominion  of  Wales  or  Towne  of  Berwick  upon  Tweed 
without  the  License  and  Consent  of  His  Majesty  His  Heires 
and  Successors  signifyed  by  His  or  Their  Order  in  Councill  first 
had  and  obteyned    And  all  Governours  nominated  and  appointed 
by  any  such  Persons  or  Proprietors  who  shall  bee  intituled  to 
make  such  Nomination  shall  bee  allowed  and  approved  of  by  His 
Majesty  His  Heires  and  Successors  as  aforesaid  and  shall  take  the 
Oaths  injoyned  by  this  or  any  other  Act  to  be  taken  by  the  Gover 
nours  or  Commanders  in  Chief e  in  other  His  Majesties  Colonies 
and  Plantations  before  their  entring  upon  their  respective  Gov 
ernments  under  the  like  Penalty  His  Majesties  Governours  and 
Commanders  in  Chief  e  are  by  the  said  Acts  lyable  to.$] 

XVI.  [And  for  a  more  effectuall  prevention  of  Frauds  which 
may  bee  used  to  elude  the  Intention  of  this  Act  by  colouring 
Foreigne  Shipps  under  English  Names  Bee  itt  further  enacted  .  .  . 
That  from  and  after  the  Five  and  twentieth  day  of  March  which 
shall  bee  in  the  Yeare  of  our  Lord  One  thousand  six  hundred 
ninety  eight  noe  Shipp  or  Vessell  whatsoever  shall  bee  deemed 
or  passe  as  a  Shipp  of  the  Built  of  England  Ireland  Wales  Ber 
wick  Guernsey  Jersey  or  of  any  of  His  Majesties  Plantations  in 
America  soe  as  to  bee  qualifyed  to  trade  to  from  or  in  any  of  the 
said  Plantations  untill  the  Person  or  Persons  claymeing  Property 
in  such  Shipp  or  Vessell  shall  register  the  same  as  followeth  (that 
is  to  say)  If  the  Shipp  att  the  tyme  of  such  Register  doth  belong 
to  any  Port  in  England  Ireland  Wales  or  to  the  Towne  of  Ber 
wick  upon  Tweed  then  Proofe  shall  bee  made  upon  Oath  of  One 

*  Omitted  in  the  Ms.  f  The  Ms.  has  Propriety. 

\  Section  XV.  is  annexed  to  the  original  act  in  a  separate  schedule. 


1696]  PENNSYLVANIA  FRAME  217 

or  more  of  the  Owners  of  such  Shipp  or  Vessell  before  the  Col 
lector  and  Comptroller  of  His  Majesties  Customes  in  such  Port 
or  if  att  the  tyme  of  such  Register  the  Shipp  belong  to  any  of 
His  Majesties  Plantations  in  America  or  to  the  Islands  of  Guern 
sey  or  Jersey  then  the  like  Proofe  to  bee  made  before  the  Gov- 
ernour  together  with  the  Principall  Officer  of  His  Majesties 
Revenue  resideing  on  such  Plantation  or  Island  which  Oath  the 
said  Governours  and  Officers  of  the  Customes  respectively  are 
hereby  authorized  to  administer.*].  .  .  . 


No.  44.   Pennsylvania  Frame  of  Government 

November,  1696 

THE   dissensions   in   Pennsylvania   subsequent   to   1683,   due   to  disputes 
between  the  council  and  the  assembly,  the  agitation  in  the  Delaware  coun 
ties  over  political  privileges,  and  the  excitement  attending  the  preaching  of 
George  Keith,  culminating  in  the  Quaker  schism,  finally  gave  an  opportunity 
for  interference  from  England;   and  in  1692  the  province  was  taken  from  the 
control  of  Penn,  and  placed  under  the  government  of  Fletcher,  the  governor 
|  of  New  York.     To  this  interference  with  the  colony  Penn,  who  had  returned 
i  to  England  in  1684  on  account  of  the  boundary  dispute  with  Maryland,  and 
I  who,  on  account  of  his  intimate  relations  with  James  II.,  was  out  of  favor  at 
i;  court,  could  offer  no  effectual  resistance.     The  charges  against  him,  however, 
•I  were  disproven,  and  in  1694  the  province  was  restored.     The  new  governor, 
|  Markham,  formerly  lieutenant-governor  under  Fletcher,  soon  became  involved 
':  in  a  dispute  with  the  assembly,  in  which  the  question  of  the  validity  of  the 
;j  frame  of  1683,  in  view  of  the  transfer  of  Pennsylvania  to  Fletcher's  control, 
I  was  raised.     A  settlement  was  not  reached  until  1696,  when  the  unwillingness 
ft  of  the  assembly  to  comply  with  a  call  from  Fletcher,  under  royal  order,  for  aid 
I)  in  defending  the  frontiers  of  New  York,  unless  the  maintenance  of  popular 
i]  rights  could  be  assured,  led  to  the  submission  by  Markham  of  "  some  heads 
|  of  a  frame  of  government,"  supplementary  to  the  frame  of  1683.     The  money 
I  having  been  voted,  and  the  new  frame  agreed  to,  the  assembly  was  dissolved; 
jj  but  some  popular  disapproval  of  this  action  was  met  by  an  enactment  of  the 
i  following  year,  "  that  both  Markham's  frame  of  government  and  the  laws 
I  passed  in  accordance  therewith,  should  be  legally  binding  in  every  respect." 
•      REFERENCES. —  Text  in   Charter  and  Laws  of  Pennsylvania  (ed.  1879), 
245-253. 

[The  document  recites  the  grant  of  the  charter  of  the  province, 
the  deeds  from  the  Duke  of  York,  the  transfer  of  the  government 

*  The  passage  in  brackets  is  annexed  to  the  original  act  in  a  separate  schedule. 


2l8  PENNSYLVANIA  FRAME  [November 

to  Fletcher,  the  restoration  of  the  province  to  Penn,  and  the 
appointment  of  Markham  as  governor,   and  continues:] 

2.  Now  for   as  much   as   the   former  frame   of   government, 
modelled  by  act  of  Settlement  and  Charter  of  Liberties,  is  not 
deemed  in  all  respects  sutably  accommodated  to  our  present  Cir 
cumstances  Therefore  It  is  unanimously  Desired,  that  it  may  be 
Enacted.      And  Be  it  Enacted  by  the  Governour  aforesaid,  with 
the  advice  and  Consent  of  the  Representatives  of  the  freemen  of  the 
said  Province  and  Territories  in  Assembly  ?net,  and  by  the  Autlwr- 
ity  of  the  same,  that  this  government  shall,  from  time  to  time, 
Consist  of  the  Governour  or  his  Deputy  or  Deputies,  and  the 
freemen  of  the  sd.  Province  and  Territories  thereof  in  form  of  a 
Council  and  Assembly.     Which  Council  and  Assembly  shall  be 
men  of  most  note  for  virtue,  wisdom  &  ability;  and  shall,  from 
and  after  the  tenth  Day  of  the  first  month  next,  Consist  of  two 
persons  out  of  each  of  the  Counties  of  this  government,  to  serve 
as  the  peoples  Representatives  in  Council,  and  of  four  persons 
out  of  each  of  the  said  Counties  to  serve  as  Representatives  in 
Assembly.     For  the  election  of  which  Representatives,  It  shall  & 
may  be  lawful  to  &  for  all  the  freemen  of  this  Province  &  Terri 
tories  aforesaid  to  meet  together  on  the  tenth  day  of  the  first 
month  yearly  hereafter  in  the  most  Convenient  and  usual  place 
for  election  within  the  respective  Counties,  then  and  there  to 
choose  their  sd.  representatives  as  aforesaid,  Who  shall  meet  on 
the  tenth  Day  of  the  third  moneth  yearly  in  the  Capital  town  of 
the  sd.  province,  unless  the  Governour  and  Council  shall  think 
fit  to  appoint  another  place. 

3.  And  to  the  end,  It  may  be  known  who  those  that  in  this 
Province  &  territories  have  right  of,  or  be  deemed,  freemen  to 
Choose  or  to  be  Chosen  to  serve  in  Council  and  Assembly  as 
aforesaid : 

Be  it  Enacted  by  the  authority  aforesaid,  That  no  Inhabitant 
of  this  Province  or  Territories,  shall  have  right  of  electing,  or 
being  elected  as  aforesaid,  Unless  they  be  free  Denizens  of  this 
government,  and  are  of  the  age  of  Twenty  one  years  or  upwards, 
and  have  fifty  acres  of  land,  ten  acres  whereof  being  seated  and 
cleared,  or  be  otherwise  worth  fifty  pounds  lawful  money  of  this 
government  Clear  estate,  and  have  been  Resident  within  this 
government  for  the  space  of  two  years  next  before  such  election. 

4.  And  whereas,  divers  persons  within  this  government,  Can- 


1696]  PENNSYLVANIA   FRAME  2IQ 

not  (for  Conscience  sake)  take  an  oath  upon  any  account  what 
soever  : 

Be  it  therefore  Enacted  by  the  Authority  aforesaid,  That  all  any 
[and]  every  such  person  and  persons  (being  at  any  time  hereafter 
required  upon  any  lawful  occasion  to  give  evidence,  or  take  an 
oath,  in  any  Case  whatsoever,)  shall  (instead  of  swearing)  be 
permitted  to  make  his  or  their  solemn  affirmation,  attest  or 
Declar'n,  Which  shall  be  adjudged,  and  is  hereby  Enacted  & 
Declared  to  be  of  the  same  force  and  effect,  to  all  Intents  and 
purposes  whatsoever,  as  if  they  had  taken  an  oath.  And  in  case 
any  such  person  or  persons  shall  be  Lawfully  Convicted  of  having 
wilfully  &  Corruptly  affirmed  or  Declared  any  matter  or  thing 
upon  such  Solemn  affirmation  or  attest,  shall  Incur  the  same 
penalties  and  forfeitures  as  by  the  Laws  &  Statutes  of  England, 
are  provided  against  persons  Convicted  of  wilful  &  Corrupt 
perjury : 

And  be  it  further  Enacted  by  the  authority  aforesaid,  That  all 
persons  who  shall  be  hereafter,  either  elected  to  serve  in  Council 
and  Assembly,  or  Commissionated  or  appointed  to  be  Judges, 
Justices,  Masters  of  the  Rolls,  Sheriffs,  Coroners,  and  all  other 
offices  of  State  and  trust  within  This  government,  who  shall 
Conscientiously  scruple  to  take  an  oath;  But  (when  Lawfully 
required)  will  make  and  subscribe  by  the  Declaration  &  profes 
sion  of  their  Christian  belief,  according  to  the  late  act  of  Par 
liament,  made  in  the  first  year  of  king  William  &  the  Late  Queen 
Mary,  entituled  an  act  for  exempting  their  Majesties  Protestant 
subjects  Dissenting  from  the  Church  of  England,  from  the  pen 
alties  of  certain  Laws,  shall  be  adjudged  &  are  hereby  Declared 
to  be  qualified  to  act  in  their  said  respective  offices  and  places, 
and  thereupon  the  several  officers  herein  mentioned,  shall  instead 
of  oathes,  make  their  Solemn  affirmation  or  declaration  in  man 
ner  andjorm  as  is  herein  after  limited  and  expressed.  .  .  . 

Provided  always  and  it  is  hereby  intended,  that  no  person  shall 
be  by  this  Act  excused  from  Swearing,  who  by  the  Acts  of  Parlia 
ment  for  trade  and  navigation,  are  or  shall  be  required  to  take 
an  oath. 

5.  And  that  Elections  may  not  be  corruptly  managed,  on 
which  the  good  of  the  government  so  much  Depends;  Be  it 
further  Enacted  by  the  Authority  aforesaid,  That  all  Elections  of 
the  said  Representatives  shall  be  free  and  Voluntary,  And  that 


220  PENNSYLVANIA   FRAME  [November 

the  elector  who  shall  Receive  any  reward  or  gift  for  giving  his 
vote,  shall  forfeit  his  right  to  elect  for  that  year,  And  such  person 
or  persons  as  shall  give  or  promise  ainy  such  Reward  to  be  elected, 
or  that  shall  offer  to  serve  for  nothing,  or  less  wages  than  the  Law 
prescribes  shall  be  thereby  Rendered  Incapable  to  serve  in  Coun 
cil  or  Assembly  for  that  year,  And  the  Representatives  so  chosen 
either  for  Council  or  Assembly  shall  yield  their  attendance  accord 
ingly,  and  be  the  Sole  Judges  of  the  Regularity  or  Irregularity  of 
the  elections  of  their  respective  members,  and  if  any  person  or 
persons,  Chosen  to  Serve  in  Council  or  Assembly,  shall  be  wil 
fully  absent  from  the  service  hee  or  they  are  so  chosen  to  attend, 
or  be  Deceased  or  Rendered  Incapable,  then  and  in  all  such 
Cases  it  Shall  be  lawfull  for  the  Governour  within  ten  Days  after 
knowledge  of  the  same,  To  Issue  forth  a  writt  to  the  Sheriff  of  the 
County,  for  which  the  said  person  or  persons  were  chosen,  Imme 
diately  to  summons  the  freemen  of  the  same  to  elect  another 
member,  in  the  room  of  such  Absent,  Deceast  or  Incapable 
person  or  persons.  .  .  . 

6.  Be  It  further  Enacted  by  the  Authority  aforesaid,  that  every 
Member  now  chosen  or  hereafter  to  be  chosen  by  the  freemen  as 
aforesaid  to  Serve  in  Council,  and  the  Speaker  of  the  Assembly 
shall  be  allowed  five  shillings  by  the  day,  during  his  and  their 
attendance,  And  every  Member  of  Assembly  shall  be  allowed  four 
shillings  by  the  day,  during  his  attendance  on  the  service  of  the 
Assembly,  and  that  every  Member  of  Council  and  Assembly  shall 
be  allowed  towards  their  travelling  Charges  after  the  rate  of  two 
pence  each  mile  both  going  to  and  coming  from  the  place  where 
the  Council  and  Assembly  is  or  Shall  be  held,  all  which  sums 
shall  be  paid  yearly,  out  of  the  County  Levies,  by  the  County 
receivers  respectively. 

And  Be  It  further  Enacted  by  the  Authority  aforesaid,  That 
the  Governour  or  his  Deputy  shall  always  preside  in  the  Council, 
and  that  hee  shall  at  no  time  perform  any  public  act  of  state 
whatsoever  that  shall  or  may  Relate  unto  the  Justice,  treasury  or 
trade  of  the  Province  and  territories,  but  by  and  with  the  advice 
and  Consent  of  the  Council  thereof,  or  Major  part  of  them  that 
shall  be  present. 

*********** 

[8.]  And  Be  It  further  Enacted  by  the  Authority  aforesaid, 
that  the  Council  in  all  cases  and  matters  of  moment  as  about 


1696]  PENNSYLVANIA   FRAME  221 

erecting  Courts  of  Justice,  sitting  in  Judgment  upon  persons 
Impeached,  and  upon  bills  and  other  matters,  that  may  be  from 
time  to  time  presented  by  the  assembly,  not  Less  than  two  thirds 
shall  make  a  Quorum,  and  that  the  Consent  and  approbation  of 
the  majority  of  that  Quorum,  shall  be  had  in  all  such  cases  and 
matters  of  moment,  And  that  in  Cases  of  Lesser  moment  not  less 
than  one  third  of  the  whole  shall  make  a  Quorum,  the  majority 
of  which  shall  and  may  always  Determine  in  all  such  matters  of 
Lesser  moment,  as  are  not  above  specified  and  in  case  the  Gov- 
ernour's  power  shall  hereafter  happen  to  be  in  the  Council,  a 
President  shall  then  be  Chosen  out  of  themselves,  by  two  thirds  or 
the  Major  part  of  them,  which  President  shall  therein  reside.  .  .  . 
**#******** 

And  Be  It  further  Enacted  by  the  Authority  aforesaid,  That  the 
Governour  and  Council  for  the  time  being,  shall  at  all  times  settle 
and  order  the  scituation  of  all  Cities  and  Market  Towns,  model 
ling  therein  all  public  buildings,  Streets  and  Market  places,  And 
shall  appoint  all  publick  landing  places  of  the  Towns  of  this 
Province  and  Territories,  and  if  any  man's  property  shall  be 
judged  by  the  Governour  and  Council  to  be  comodious  for  such 
Landing  place  in  the  said  Towns,  and  that  the  same  be  by  them 
appointed  such,  that  the  Owner  shall  have  such  reasonable  satis 
faction  given  him  for  the  same  as  the  Governour  and  Council  shall 
see  meet,  to  be  paid  by  the  said  respective  towns. 

*********** 

9.  And  Be  Itftirther  Enacted  by  the  Authority  aforesaid,  That 
the  Representatives  of  the  freemen  when  met  in  Assembly  shall 
have  power  to  prepare  and  propose  to  the  Governor  and  Council 
all  such  Bills  as  they  or  the  Major  part  of  them,  shall  at  any  time 
see  needful  to  be  past  into  Laws,  within  the  said  Province  and 
Territories. 

10.  Provided  always,   that   nothing   herein   Contained   shall 
debar  the  Governour  and  Council  from  Recommending  to  the 
Assembly  all  such  bills  as  they  shall  think  fit  to  be  past  into 
laws,  and  that  the  Council  and  Assembly  may  upon  Occasion 
confer  together  in  Committies  when  desired  all  which  said  pro 
posed  and  prepared  Bills  or  such  of  them  as  the  Governour  with 
the  advice  of  the  Council,  shall  in  Open  Assembly,  declare  his 
assent  unto,  shall  be  the  Laws  of  this  Province  and  Territories 
thereof.  .  .  . 


222  TREATY  OF  RYSWICK  [Sept.  10/20 

11.  And  Be  It  further  Enacted  by  the  Authority  aforesaid, 
That  the  Assembly  shall  sit   upon  their  own  Adjournments  and 
Committies  and  continue,  in  order  to  prepare  and  propose  bills, 
Redress  grievances  and  Impeach  Criminalls,  or  such  persons  as 
they  shall  think  lit  to  be  there  Impeached,  untill  the  Governour 
and  Council  for   the  time   being  shall   Dismiss  them,   Which 
Assembly  shall,  notwithstanding   such   Dismiss,  be  capable  of 
Assembling  together,  upon  summons  of  the  Governour  and  Coun 
cil,  at  any  time  During  that  year,  Two  thirds  of  which  Assembly 
in  all  cases  shall  make  a  Quorum. 

12.  And  Be  It  further  Enacted  by  the  Authority  aforesaid, 
That  all  elections  of  Representatives  fore  Council  and  Assembly, 
and  all  questions  to  be  determined  by  them  shall  be  by  the  major 
parts  of  votes;  .  .  . 


No.  45.     Treaty  of  Ryswick 

September  10/20,  1697 

THE  war  of  the  Palatinate,  known  in  America  as  King  William's,  or 
Frontenac's,  war,  was  the  first  of  four  intercolonial  conflicts  which,  accom 
panying  in  each  case  the  outbreak  of  war  between  England  and  France  in 
Europe,  ended  in  the  overthrow  of  the  French  power  in  America,  and  the 
absorption  by  England  of  the  vast  territory  there  claimed  or  held  by  its 
rival.  The  revocation  of  the  Edict  of  Nantes,  in  1685,  had  deprived  the 
French  Protestants  of  the  religious  and  civil  privileges  which  they  had  enjoyed 
since  1598;  while  the  claim  of  Louis  XIV.  to  the  succession  of  the  Palatinate, 
on  the  extinction  of  the  male  line,  for  Elizabeth,  wife  of  the  Duke  of  Orleans, 
the  king's  brother,  was  an  open  menace  to  the  German  states.  The  League 
of  Augsburg,  formed  in  1686  between  the  Empire,  Sweden,  Spain,  Bavaria, 
Saxony,  and  the  Palatinate,  was  followed  in  1689  by  the  Grand  Alliance,  in 
which  England  and  Holland,  under  William  of  Orange,  joined  the  powers  of 
the  League  in  resistance  to  France.  The  naval  battle  of  La  Hogue,  in  1692, 
gave  England  the  mastery  of  the  sea  ;  but  in  the  same  year  the  French  took 
Namur,  and  defeated  the  allies  at  Steinkirk.  In  1695,  however,  William 
retook  Namur,  and  important  military  operations  on  the  continent  came  to 
an  end.  At  the  beginning  of  the  war,  William  rejected  an  offer  of  colonial 
neutrality,  and  the  colonies  of  both  powers  promptly  took  up  arms  ;  but  the 
English  colonies  in  America  were  weakened  by  mutual  jealousies  and  serious 
internal  disturbances,  while  the  French  were  vigorous  and  alert.  The  frontiers 
of  New  England  and  New  York  were  ravaged  by  parties  of  French  and  Indians, 
to  whom  little  effective  resistance  was  opposed.  In  1690  an  expedition  under 
Sir  William  Phipps  took  Port  Royal,  but  a  combined  land  and  naval  move 
ment  against  Canada  failed ;  and  in  1691  Port  Royal  was  retaken  by  the 


1697]  TREATY  OF  RYSWICK  223 

French.  In  1696-1697  a  French  expedition  under  D'Iberville  took  Pemaquid, 
St.  John's,  Newfoundland,  and  the  fort  at  Hudson's  Bay;  but  a  proposed 
attack  on  New  England  was  not  carried  out.  Early  in  1697  Louis  offered 
concessions,  and  in  September,  after  protracted  negotiations,  a  treaty  was 
signed  at  Ryswick.  Only  so  much  of  the  treaty  as  relates  to  America  is 
given  here. 

REFERENCES. —  Text  in  Chalmers's  Collection  of  Treaties,  I.,  332-340. 
The  war  is  treated  at  length  in  the  general  histories  of  the  period ;  see  also 
Parkman's  Frontenac  and  New  France  ;  Winsor's  Narr.  and  Crit.  Hist.,  IV., 
chap.  7.  An  interesting  account  of  the  negotiation  of  the  treaty  is  given  in 
Macaulay's  History  of  England,  IV.,  chap.  22. 

VII.  The  most  Christian  King  shall  restore  to  the  said  King 
of   Great   Britain,    all   countries,    islands,   forts,   and   colonies, 
wheresoever  situated,  which  the  English  did  posess  before  the 
declaration  of  this  present  war.     And  in  like  manner  the  King 
of  Great  Britain  shall  restore  to  the  most  Christian  King  all 
countries,    islands,    forts,    and   colonies,   wheresoever   situated, 
which  the  French  did  possess  before  the  said  declaration  of  war; 
and  this  restitution  shall  be  made,  on  both  sides,  within  the  space 
of  six  months,  or  sooner  if  it  can  be  done.  .  .  . 

VIII.  Commissioners  shall  be  appointed  on  both  sides,  to 
examine  and  determine  the  rights  and  pretensions  which  either 
of  the  said  Kings  hath  to  the  places  situated  in  Hudson's  Bay; 
but  the  possession  of  those  places  which  were  taken  by  the 
French,  during  the  peace  that  preceded  this  present  war,  and 
were  retaken  by  the  English  during  this  war,  shall  be  left  to  the 
French,  by  virtue  of  the  foregoing  article.      The  capitulation 
made  by  the  English  on  the  fifth  of  September,  1696,  shall  be 
observed,  according  to  its  form  and  tenor;    the  merchandizes 
therein  mentioned  shall  be  restored;    the  governor  of  the  fort 
taken  there  shall  be  set  at  liberty,  if  it  be  not  already  done;  the 
differences  arisen  concerning  the  execution  of  the  said  capitula 
tion,  and  the  value  of  the  goods  there  lost,  shall  be  adjudged  and 
determined  by  the  said  commissioners;  who,  immediately  after 
the  ratification  of  the  present  treaty,  shall  be  invested  with  suffi 
cient  authority  for  settling  the  limits  and  confines  of  the  lands 
to  be  restored  on  either  side,  by  virtue  of  the  foregoing  article, 
and  likewise  for  exchanging  of  land,    as  may  conduce  to  the 
mutual  interest  and  advantage  of  both  Kings. 


224     PENNSYLVANIA  CHARTER  OF  PRIVILEGES     [Oct.  28/Nov.  8 

No.  "6.    Pennsylvania  Charter  of  Privileges 

October  28/November  8,  1701 

PENN  returned  to  Pennsylvania  in  December,  1699,  and  at  once  set  him 
self  to  reorganize  the  government  and  to  quiet  dissension.  In  this,  however, 
he  was  opposed  by  David  Lloyd,  the  leading  member  of  the  Assembly,  and 
also  attorney-general;  while  popular  complaint  of  the  frame  of  1696  was  soon 
followed  by  a  request  for  a  new  constitution.  Penn  had  not  assented  to  the 
frame  of  1696,  and  now  held  that  the  frame  of  1683  had  been,  under  Fletcher, 
only  temporarily  in  abeyance.  Early  in  1700  he  agreed  to  the  appointment 
of  a  committee  of  the  council  and  the  assembly  to  draw  up  a  new  frame  or 
charter;  but  no  result  was  reached.  A  new  committee  was  chosen  by  the 
assembly  in  October,  but  did  not  begin  its  deliberations  until  September, 
1701.  In  the  meantime,  efforts  to  adjust  the  differences  with  Delaware  had 
failed,  and  there  were  reports  of  another  movement  in  England  to  deprive 
Penn  of  his  colony.  These  circumstances  hastened  agreement,  and  in  Octo 
ber  the  charter  of  privileges  was  signed  and  accepted.  The  charter  continued 
in  force  until  replaced  by  the  State  constitution  of  1776,  although  the  sons  of 
Penn  and  the  legal  advisers  of  the  Crown  seem  not  to  have  admitted  its  valid 
ity,  alleging  that  it  granted  to  the  assembly  more  power  than  the  charter  of 
the  province  warranted.  In  1702  the  Delaware  counties,  availing  themselves 
of  a  provision  in  the  charter  of  privileges,  established  a  separate  assembly,  and 
so  continued  until  the  formation  of  a  State  constitution  in  1776. 

REFERENCES. —  Text  in  Votes  and  Proceedings  of  the  House  of  Representa 
tives  of  Pennsylvania,  I.,  part  II.,  pp.  l.-m.  On  the  dispute  with  Delaware, 
see  especially  Shepherd,  op.  cit.,  part  II.,  chap.  6. 

[The  document  recites  the  grant  of  the  charter  of  1681,  the 
deeds  from  the  Duke  of  York,  and  the  frame  of  1683,  together 
with  Penn's  promise  either  to  restore  the  frame  to  the  people  of 
the  province,  or  else  to  grant  them  one  "  better  adapted  to  answer 
the  present  circumstances  and  conditions"  of  the  colony,  and 
continues :] 

KNOW  YE  THEREFORE,  That  for  the  further  Well-being 
and  good  Government  of  the  said  Province,  and  Territories; 
and  in  Pursuance  of  the  Rights  and  Powers  before-mentioned, 
I  the  said  William  Penn  do  declare,  grant  and  confirm,  unto  all 
the  Freemen,  Planters,  and  Adventurers,  and  other  Inhabitants  of 
this  Province  and  Territories,  these  following  Liberties,  Fran 
chises  and  Privileges,  so  far  as  in  me  lieth,  to  be  held,  enjoyed, 
and  kept,  by  the  Freemen,  Planters  and  Adventurers,  and  other 
Inhabitants  of  and  in  the  said  Province,  and  Territories  there 
unto  annexed,  for  ever. 


I yoi]  PENNSYLVANIA  CHARTER  OF  PRIVILEGES  225 

First, 

BECAUSE  no  People  can  be  truly  happy,  tho'  under  the 
greatest  Enjoyment  of  civil  Liberties,  if  abridged  of  the  Free 
dom  of  their  Consciences,  as  to  their  Religious  Profession  and 
Worship :  And  Almighty  God  being  the  only  Lord  of  Conscience, 
Father  of  Lights  and  Spirits;  and  the  Author  as  well  as  Object  of 
all  divine  Knowledge,  Faith  and  Worship,  who  only  doth  en 
lighten  the  Minds,  and  persuade  and  convince  the  Understand 
ings  of  People,  I  do  hereby  grant  and  declare,  That  no  Person 
or  Persons,  inhabiting  in  this  Province  or  Territories,  who  shall 
confess  and  acknowledge  One  almighty  God,  the  Creator,  Up 
holder  and  Ruler  of  the  World;  and  profess  him,  or  themselves, 
obliged  to  live  quietly  under  the  civil  Government,  shall  be  in 
any  Case  molested  or  perjudiced,  in  his  or  their  Person  or 
Estate,  because  of  his  or  their  conscientious  Perswasion  or  Prac 
tice,  nor  be  compelled  to  frequent  or  maintain  any  religious 
Worship,  Place  or  Ministry,  contrary  to  his  or  their  Mind,  or  to 
do  or  suffer  any  other  Act  or  Thing,  contrary  to  their  religious 
Perswasion. 

AND  that  all  Persons  who  also  profess  to  believe  in  Jesus 
Christ,  the  Saviour  of  the  World, .  shall  be  capable  (notwith 
standing  their  other  Persvvasions  and  Practices  in  Point  of  Con 
science  and  Religion  to)  serve  this  Government  in  any  Capacity, 
both  legislatively  and  executively,  he  or  they  solemnly  promising, 
when  lawfully  required,  Allegiance  to  the  King  as  Sovereign,  and 
Fidelity  to  the  Proprietary  and  Governor,  and  taking  the  Attests 
as  now  established  by  the  Law  made  at  Newcastle,  in  the  Year 
One  Thousand  and  Seven  Hundred,  intituled,  An  Act  directing 
the  Attests  of  several  Officers  and  Ministers,  as  now  amended  and 
confirmed  this  present  Assembly. 

II. 

FOR  the  well  governing  of  this  Province  and  Territories,  there 
shall  be  an  Assembly  yearly  chosen  by  the  Freemen  thereof,  to 
consist  of  Four  Persons  out  of  each  County,  of  most  Note  for 
Virtue,  Wisdom  and  Ability  (or  of  a  greater  Number  at  any  Time, 
as  the  Governor  and  Assembly  shall  agree)  upon  the  first  Day  of 
October  for  ever;  and  shall  sit  on  the  fourteenth  Day  of  the 
same  Month  at  Philadelphia,  unless  the  Governor  and  Council 
for  the  Time  being,  shall  see  Cause  to  appoint  another  Place 
Q 


226    PENNSYLVANIA  CHARTER  OF  PRIVILEGES     [Oct.  28/Nov.  8 

within  the  said  Province  or  Territories :  Which  Assembly  shall 
have  Power  to  chuse  a  Speaker  and  other  their  Officers;  and  shall 
be  judges  of  the  Qualifications  and  Elections  of  their  own  Mem 
bers;  sit  upon  their  own  Adjournments;  appoint  Committees; 
prepare  Bills,  in  order  to  pass  into  Laws;  impeach  Criminals, 
and  redress  Grievances;  and  shall  have  all  other  Powers  and 
Privileges  of  an  Assembly,  according  to  the  Rights  of  the  Free- 
born  Subjects  of  England,  and  as  is  usual  in  any  of  the  King's 
Plantations  in  America. 

AND  if  any  County  or  Counties,  shall  refuse  or  neglect  to 
chuse  their  respective  Representatives  as  aforesaid,  or  if  chosen, 
do  not  meet  to  serve  in  Assembly,  those  who  are  so  chosen  and 
met,  shall  have  the  full  Power  of  an  Assembly,  in  as  ample 
Manner  as  if  all  the  Representatives  had  been  chosen  and  met, 
provided  they  are  not  less  than  Two  Thirds  of  the  whole  Number 
that  ought  to  meet. 

AND  that  the  Qualifications  of  Electors  and  Elected,  and  all 
other  Matters  and  Things  relating  to  Elections  of  Representa 
tives  to  serve  in  Assemblies,  tho'  not  herein  particularly  ex 
pressed,  shall  be  and  remain  as  by  a  Law  of  this  Government, 
made  at  Newcastle  in  the  Year  One  Thousand  Seven  Hundred, 
intituled,  An  Act  to  ascertain  the  Number  of  Members  of  Assembly, 
and  to  regulate  the  Elections. 

III. 

THAT  the  Freemen  in  each  respective  County,  at  the  Time 
and  Place  of  Meeting  for  Electing  their  Representatives  to  serve 
in  Assembly,  may,  as  often  as  there  shall  be  Occasion,  chuse  a 
double  Number  of  Persons  to  present  to  the  Governor  for  Sheriffs 
and  Coroners,  to  serve  for  Three  Years,  if  so  long  they  behave 
themselves  well;  out  of  which  respective  Elections  and  Present 
ments,  the  Governor  shall  nominate  and  commissionate  one  for 
each  of  the  said  Offices,  the  third  Day  after  such  Presentment, 
or  else  the  first  named  in  such  Presentment,  for  each  Office  as 
aforesaid,  shall  stand  and  serve  in  that  Office  for  the  Time  before 
respectively  limited;  and  in  case  of  Death  or  Default,  such 
Vacancies  shall  be  supplied  by  the  Governor,  to  serve  to  the 
End  of  the  said  Term. 

PROVIDED  ALWAYS,  That  if  the  said  Freemen  shall,  at 
any  Time,  neglect,  or  decline  to  chuse  a  Person  or  Persons  for 


1701]  PENNSYLVANIA  CHARTER  OF   PRIVILEGES  22? 

either  or  both  the  aforesaid  Offices,  then  and  in  such  Case,  the 
Persons  that  are  or  shall  be  in  the  respective  Offices  of  Sheriffs 
or  Coroners,  at  the  Time  of  Election,  shall  remain  therein,  until 
they  shall  be  removed  by  another  Election  as  aforesaid. 

AND  that  the  Justices  of  the  respective  Counties,  shall  or  may 
nominate  and  present  to  the  Governor  three  Persons,  to  serve  for 
Clerk  of  the  Peace  for  the  said  County  when  there  is  a  Vacancy, 
one  of  which  the  Governor  shall  commissionate  within  ten  Days 
after  such  Presentment,  or  else  the  first  nominated,  shall  serve  in 
the  said  Office  during  good  Behaviour. 

[Article  IV.  relates  to  the  style  and  record  of  the  laws.] 

V. 

THAT  all  Criminals  shall  have  the  same  Privileges  of  Wit 
nesses  and  Council  as  their  Prosecutors. 

VI. 

THAT  no  Person  or  Persons  shall,  or  may,  at  any  Time  here 
after,  be  obliged  to  answer  any  Complaint,  Matter  or  Thing  what 
soever  relating  to  Property,  before  the  Governor  and  Council,  or 
in  any  other  Place,  but  in  ordinary  Course  of  Justice,  unless 
Appeals  thereunto  shall  be  hereafter  by  Law  appointed. 

VII. 

THAT  no  Person  within  this  Government  shall  be  licensed  by 
the  Governor  to  keep  an  Ordinary,  Tavern,  or  House  of  publick 
Entertainment,  but  such  who  are  first  recommended  to  him,  under 
the  Hands  of  the  Justices  of  the  respective  Counties,  signed  in 
open  Court;  which  Justices  are  and  shall  be  hereby  impowered, 
to  suppress  and  forbid  any  Person,  keeping  such  Publick-house 
as  aforesaid,  upon  their  Misbehaviour,  on  such  Penalties  as  the 
Law  doth  or  shall  direct;  and  to  recommend  others  from  time  to 
time  as  they  shall  see  Occasion. 

VIII. 

IF  any  Person,  through  Temptation  or  Melancholy,  shall 
destroy  himself,  his  Estate,  real  and  personal,  shall,  notwith 
standing,  descend  to  his  Wife  and  Children,  or  Relations,  as  if 
he  had  died  a  natural  Death;  and  if  any  Person  shall  be 


228     PENNSYLVANIA  CHARTER  OF  PRIVILEGES     [Oct.  28/Nov.  8 

destroyed  or  killed  by  Casualty  or  Accident,  there  shall  be  no 
Forfeiture  to  the  Governor  by  Reason  thereof. 

AND  no  Act,  Law  or  Ordinance  whatsoever  shall,  at  any  Time 
hereafter,  be  made  or  done,  to  alter,  change  or  diminish  the 
Form  or  Effect  of  this  Charter,  or  of  any  Part  or  Clause  therein, 
contrary  to  the  true  Intent  and  Meaning  thereof,  without  the 
Consent  of  the  Governor  for  the  Time  being,  and  Six  Parts  of 
Seven  of  the  Assembly  met. 

BUT  because  the  Happiness  of  Mankind  depends  so  much 
upon  the  Enjoying  of  Liberty  of  their  Consciences  as  aforesaid, 
I  do  hereby  solemnly  declare,  promise  and  grant,  for  me,  my 
Heirs  and  Assigns,  That  the  first  Article  of  this  Charter  relating 
to  Liberty  of  Conscince,  and  every  Part  and  Clause  therein, 
according  to  the  true  Intent  and  Meaning  thereof,  shall  be  kept 
and  remain,  without  any  Alteration,  inviolably  for  ever. 

*********** 

AND  NOTWITHSTANDING  the  Closure  and  Test  of  this 
present  Charter  as  aforesaid,  I  think  fit  to  add  this  following 
Proviso  thereunto,  as  Part  of  the  same,  That  is  to  say,  That  not 
withstanding  any  Clause  or  Clauses  in  the  above-mentioned 
Charter,  obliging  the  Province  and  Territories  to  join  together 
in  Legislation,  I  am  content,  and  do  hereby  declare,  That  if  the 
Representatives  of  the  Province  and  Territories  shall  not  here 
after  agree  to  join  together  in  Legislation,  and  that  the  same 
shall  be  signified  unto  me,  or  my  Deputy,  in  open  Assembly,  or 
otherwise,  from  under  the  Hands  and  Seals  of  the  Representa 
tives,  for  the  Time  being,  of  the  Province  and  Territories,  or 
the  major  Part  of  either  of  them,  at  any  Time  within  Three 
Years  from  the  Date  hereof,  that  in  such  Case,  the  Inhabitants 
of  each  of  the  Three  Counties  of  this  Province,  shall  not  have 
less  than  Eight  Persons  to  represent  them  in  Assembly  for  the 
Province;  and  the  Inhabitants  of  the  Town  of  Philadelphia 
(when  the  said  Town  is  incorporated)  Two  Persons  to  represent 
them  in  Assembly;  and  the  Inhabitants  of  each  County  in  the 
Territories,  shall  have  as  many  Persons  to  represent  them,  in 
a  distinct  Assembly  for  the  Territories,  as  shall  be  by  them 
requested  as  aforesaid. 

NOTWITHSTANDING  which  Separation  of  the  Province 
and  Territories,  in  Respect  of  Legislation,  I  do  hereby  promise, 
grant  and  declare,  That  the  Inhabitants  of  both  Province  and 


TREATY  OF  UTRECHT  229 

Territories,  shall  separately  enjoy  all  other  Liberties,  Privileges 
and  Benefits,  granted  jointly  to  them  in  this  Charter,  any  Law, 
Usage  or  Custom  of  this  Government  heretofore  made  and  prac 
tised,  or  any  Law  made  and  passed  by  this  General  Assembly, 
to  the  contrary  hereof  notwithstanding. 


No.  47.     Treaty  of  Utrecht 

March  3i/April  n,  1713 

BY  the  second  partition  treaty  between  William  III.  and  Louis  XIV.,  in 
1700,  it  had  been  agreed  that  the  Spanish  succession,  on  the  death  of  Charles 
II.,  should  go  to  the  Archduke  Charles,  son  of  the  Emperor  Leopold.  But 
Charles  II.  by  will  bequeathed  all  his  possessions  to  Philip,  Duke  of  Anjou, 
grandson  of  Louis,  though  with  the  proviso  that  the  crowns  of  France  and 
Spain  should  never  be  united;  and,  on  the  death  of  Charles,  Louis  claimed 
the  inheritance  for  Philip.  The  seizure  of  the  barrier  fortresses,  early  in  1701, 
was  soon  followed  by  war  in  Italy  between  Leopold  and  the  combined  French 
and  Spanish  forces.  William  placed  Marlborough  in  command  of  the  English 
forces  in  the  Netherlands,  and  in  September  formed,  with  Austria  and  the 
Dutch  Republic,  the  so-called  Grand  Alliance.  The  death  of  William,  in 
March,  1702,  did  not  interrupt  the  war,  and  the  Grand  Alliance  was  shortly 
joined  by  most  of  the  German  princes.  The  European  phases  of  the  war  of 
the  Spanish  Succession,  and  the  careers  of  Marlborough  and  Prince  Eugene 
of  Savoy,  do  not  call  for  discussion  here.  In  America,  where  the  war  is 
known  as  Queen  Anne's  war,  the  most  important  movements  were  in  connec 
tion  with  the  repeated  attempts  to  conquer  some  part  of  the  French  pos 
sessions.  After  two  unsuccessful  expeditions,  in  1704  and  1707,  against 
Acadia,  Port  Royal  finally  surrendered,  in  1710,  to  the  English;  but  a  com 
bined  land  and  naval  demonstration  against  Canada  came  to  nothing.  In 
September,  171 1,  preliminary  articles  of  peace  were  signed;  the  conferences 
of  the  commissioners  began  in  January,  1712,  at  Utrecht;  and  March  31  / 
April  11,  1713,  the  treaty  was  concluded.  Only  the  articles  relating  to 
America  are  given  here. 

REFERENCES. —  7^ext  in  Chalmers's  Collection  of  Treaties,  I.,  340-386. 
Mahon's  History  of  England  \_during  the'}  Reign  of  Anne  covers  the  period 
of  the  war;  see  also  Lecky's  England  in  the  Eighteenth  Century  (Amer.  ed.), 
I.,  26-54,  106-158;  Parkman's  Half  Century  of  Conflict. 

X.  The  said  most  Christian  King  shall  restore  to  the  kingdom 
and  Queen  of  Great  Britain,  to  be  possessed  in  full  right  for 
ever,  the  bay  and  streights  of  Hudson,  together  with  all  lands, 
seas,  sea-coasts,  rivers,  and  places  situate  in  the  said  bay  and 
streights,  and  which  belong  thereunto,  no  tracts  of  land  or  of 


230  TREATY   OF   UTRECHT         [March  31  /April  11 

sea  being  excepted,  which  are  at  present  possessed  by  the  sub 
jects  of  France.  All  which,  as  well  as  any  buildings  there  made, 
in  the  condition  they  now  are,  and  likewise  all  fortresses  there 
erected,  either  before  or  since  the  French  seized  the  same, 
shall,  within  six  months  from  the  ratification  of  the  present 
treaty,  or  sooner,  if  possible,  be  well  and  truly  delivered  to  the 
British  subjects,  having  commission  from  the  Queen  of  Great 
Britain  to  demand  and  receive  the  same,  entire  and  unde- 
molished,  together  with  all  the  cannon  and  cannon-ball  which 
are  therein,  as  also  with  a  quantity  of  powder,  if  it  be  there 
found,  in  proportion  to  the  cannon-ball,  and  with  the  other  pro 
vision  of  war  usually  belonging  to  cannon.  It  is,  however,  pro 
vided,  that  it  may  be  entirely  free  for  the  company  of  Quebec, 
and  all  other  the  subjects  of  the  most  Christian  King  whatsoever, 
to  go  by  land,  or  by  sea,  whithersoever  they  please,  out  of  the 
lands  of  the  said  bay,  together  with  all  their  goods,  merchan 
dizes,  arms,  and  effects,  of  what  nature  or  condition  soever, 
except  such  things  as  are  above  reserved  in  this  article.  But  it 
is  agreed  on  both  sides,  to  determine  within  a  year,  by  com 
missaries  to  be  forthwith  named  by  each  party,  the  limits  which 
are  to  be  fixed  between  the  said  Bay  of  Hudson  and  the  places 
appertaining  to  the  French;  which  limits  both  the  British  and 
French  subjects  shall  be  wholly  forbid  to  pass  over,  or  thereby 
to  go  to  each  other  by  sea  or  by  land.  The  same  commissaries 
shall  also  have  orders  to  describe  and  settle,  in  like  manner,  the 
boundaries  between  the  other  British  and  French  colonies  in 
those  parts. 

XI.  The  abovementioned  most  Christian  King  shall  take  care 
that  satisfaction  be  given,  according  to  the  rule  of  justice  and 
equity,  to  the  English  company  trading  to  the  Bay  of  Hudson, 
for  all  damages  and  spoil  done  to  their  colonies,  ships,  persons, 
and  goods,  by  the  hostile  incursions  and  depredations  of  the 
French,  in  time  of  peace,  an  estimate  being  made  thereof  by 
commissaries  to  be  named  at  the  requisition  of  each  party.  The 
same  commissaries  shall  moreover  inquire  as  well  into  the  com 
plaints  of  the  British  subjects  concerning  ships  taken  by  the 
French  in  time  of  peace,  as  also  concerning  the  damages  sus 
tained  last  year  in  the  island  called  Montserat,  and  others,  as 
into  those  things  of  which  the  French  subjects  complain,  relating 
to  the  capitulation  in  the  island  of  Nevis,  and  castle  of  Gambia, 


1713]  TREATY  OF   UTRECHT  231 

also  to  French  ships,  if  perchance  any  such  have  been  taken  by 
British  subjects  in  time  of  peace;  and  in  like  manner  into  all 
disputes  of  this  kind,  which  shall  be  found  to  have  arisen  between 
both  nations,  and  which  are  not  yet  ended;  and  due  justice 
shall  be  done  on  both  sides  without  delay. 

XII.  The  most  Christian  King  shall  take  care  to  have  delivered 
to  the  Queen  of  Great  Britain,  on  the  same  day  that  the  ratifica 
tions  of  this  treaty  shall  be  exchanged,  solemn  and  authentic 
letters,  or  instruments,  by  virtue  whereof  it  shall  appear,  that  the 
island  of  St.  Christopher's  is  to  be  possessed  alone  hereafter  by 
British  subjects,  likewise  all  Nova  Scotia  or  Acadie,  with  its 
ancient  boundaries,  as  also  the  city  of  Port  Royal,  now  called 
Annapolis   Royal,   and  all  other  things  in  those  parts,  which 
depend  on  the  said  lands  and  islands,  together  with  the  dominion, 
propriety,  and  possession  of  the  said  islands,  lands,  and  places, 
and  all  right  whatsoever,  by  treaties,  or  by  any  other  way  obtained, 
which  the  most  Christian  King,  the  crown  of  France,  or  any  the 
subjects  thereof,  have  hitherto  had  to  the  said  islands,  lands,  and 
places,  and  the  inhabitants  of  the  same,  are  yielded  and  made 
over  to  the  Queen  of  Great  Britain,  and  to  her  crown,  for  ever, 
as  the  most  Christian  King  doth  at  present  yield  and  make  over 
all  the  particulars  abovesaid;  and  that  in  such  ample  manner  and 
form,  that  the  subjects  of  the  most  Christian  King  shall  hereafter 
be  excluded  from  all  kind  of  fishing  in  the  said  seas,  bays,  and 
other  places,  on  the  coasts  of  Nova  Scotia,  that  is  to  say,  on 
those  which  lie  towards  the  east,  within  30  leagues,  beginning 
from  the  island  commonly  called  Sable,  inclusively,  and  thence 
stretching  along  towards  the  south-west. 

XIII.  The   island   called   Newfoundland,  with  the  adjacent 
islands,  shall  from  this  time  forward  belong  of  right  wholly  to 
Britain;  and  to  that  end  the  town  and  fortress  of  Placentia,  and 
whatever  other  places  in  the  said  island  are  in  the  possession  of 
the  French,  shall  be  yielded  and  given  up,  within  seven  months 
from  the  exchange  of  the  ratifications  of  this  treaty,  or  sooner, 
if  possible,  by  the  most  Christian  King,  to  those  who  have  a 
commission  from  the  Queen  of  Great  Britain  for  that  purpose. 
Nor  shall  the  most  Christian  King,  his  heirs  and  successors,  or 
any  of  their  subjects,   at  any  time  hereafter,   lay  claim  to  any 
right  to  the  said  island  and  islands,  or  to  any  part  of  it,  or  them. 
Moreover,  it  shall  not  be  lawful  for  the  subjects  of  France  to 


232  TREATY   OF   UTRECHT         [March  31 /April  H 

fortify  any  place  in  the  said  island  of  Newfoundland,  or  to  erect 
any  buildings  there,  besides  stages  made  of  boards,  and  huts 
necessary  and  usual  for  drying  of  fish;  or  to  resort  to  the  said 
island,  beyond  the  time  necessary  for  fishing,  and  drying  of 
fish.  But  it  shall  be  allowed  to  the  subjects  of  France  to  catch 
fish,  and  to  dry  them  on  land,  in  that  part  only,  and  in  no  other 
besides  that,  of  the  said  island  of  Newfoundland,  which  stretches 
from  the  place  called  Cape  Bonavista  to  the  northern  point  of 
the  said  island,  and  from  thence  running  down  by  the  western 
side,  reaches  as  far  as  the  place  called  Point  Riche.  But  the 
island  called  Cape  Breton,  as  also  all  others,  both  in  the  mouth 
of  the  river  of  St.  Lawrence,  and  in  the  gulph  of  the  same  name, 
shall  hereafter  belong  of  right  to  the  French,  and  the  most  Chris 
tian  King  shall  have  all  manner  of  liberty  to  fortify  any  place  or 
places  there. 

XIV.  It  is  expressly  provided,  that  in  all  the  said  places  and 
colonies  to  be  yielded  and  restored  by  the  most  Christian  King, 
in  pursuance  of  this  treaty,  the  subjects  of  the  said  King  may 
have  liberty  to  remove  themselves,  within  a  year,  to  any  other 
place,  as  they  shall  think  fit,  together  with  all  their  moveable 
effects.     But  those  who  are  willing  to  remain  there,  and  to  be 
subject  to  the  Kingdom  of  Great  Britain,  are  to  enjoy  the  free 
exercise  of  their  religion,  according  to  the  usage  of  the  church  of 
Rome,  as  far  as  the  laws  of  Great  Britain  do  allow  the  same. 

XV.  The  subjects  of  France  inhabiting  Canada,  and  others, 
shall  hereafter  give  no  hinderance  or  molestation  to  the  five 
nations  or  cantons  of  Indians,  subject  to  the  dominion  of  Great 
Britain,  nor  to  the  other  natives  of  America,  who  are  friends  to 
the  same.     In  like  manner,  the  subjects  of  Great  Britain  shall 
behave  themselves  peaceably  towards  the  Americans  who  are  sub 
jects  or  friends  to  France;  and  on  both  sides  they  shall  enjoy 
full  liberty  of  going  and  coming  on  account  of  trade.     As  also 
the  natives  of  those  countries  shall,  with  the  same  liberty,  resort, 
as  they  please,  to  the  British  and  French  colonies,  for  promoting 
trade  on  one  side  and  the  other,  without  any  molestation  or  hin 
derance,   either  on  the  part  of  the  British  subjects  or  of  the 
French.     But  it  is  to  be  exactly  and  distinctly  settled  by  com 
missaries,  who  are,  and  who  ought  to  be  accounted  the  subjects 
and  friends  of  Britain  or  of  France. 


1713]         EXPLANATORY   MASSACHUSETTS  CHARTER  233 

No.  48.    Explanatory  Charter  of  Massa 
chusetts 

August  26 /  September  6,  1725 

THE  origin  of  the  so-called  explanatory  charter  of  Massachusetts  is  to  be 
found  in  the  disputes  between  Governor  Samuel  Shute  and  the  General  Court. 
When  Shute  assumed  his  office,  in  1716,  a  sharp  controversy  was  in  progress 
over  the  question  of  paper  money  and  a  public  bank.  Shute  sided  with  the 
party  who  favored  a  bank,  and  thereby  aroused  the  political  opposition  of  the 
opponents  of  that  scheme.  In  1720  the  House  of  Representatives  chose  as 
their  speaker  Elisha  Cooke,  who  had  espoused  the  cause  of  the  people  of 
Maine  in  a  dispute  about  the  right  of  cutting  timber  in  the  district,  and  had, 
in  consequence,  been  rejected  as  councillor.  Shute  now  disapproved  of  the 
choice  of  Cooke  as  speaker;  and,  on  the  House  refusing  to  elect  another, 
dissolved  the  General  Court.  In  1721  the  House  adjourned  for  a  week  with 
out  the  consent  of  the  governor,  —  a  proceeding  which  the  latter  claimed  was 
in  violation  of  the  charter.  Eventually  Shute  carried  the  controversy  to 
England,  and  laid  his  case  before  the  Privy  Council.  The  explanatory  charter, 
issued  Aug.  26/Sept.  6,  1725,  was  prudently  accepted  by  the  General  Court 
Jan.  15/26,  1725/6. 

REFERENCES.  —  Text  in  Acts  and  Resolves  of  the  Province  of  Massachusetts 
Bay,  L,  21-23. 

[The  charter  recites  the  grant  of  the  province  charter  of  1691, 
and  continues:] 

Into  rafjraas,  their  said  late  Majesties  King  William  and 
Queen  Mary  did  by  the  said  recited  letters  Patents  (amongst 
other  things  therein  contained)  for  themselves  their  Heires  and 
Successors  Ordain  and  Grant  that  there  should  and  might  be 
Convened  held  and  kept  by  the  Governor  for  the  time  being 
upon  every  last  Wednesday  in  the  Month  of  May  every  year  for 
ever  and  at  all  such  other  times  as  the  Governor  of  their  said 
Province  should  think  fitt  and  Appoint  a  Great  and  Generall 
Court  or  Assembly  which  .  .  .  should  Consist  of  the  Governour 
and  Council  or  Assistants  for  the  time  being  and  of  such  Free 
holders  of  their  said  Province  or  Territory  as  should  be  from 
time  to  time  elected  or  deputed  by  the  major  part  of  the  Free 
holders  and  other  Inhabitants  of  the  respective  Towns  or  places 
who  should  be  present  at  such  Elections  each  of  the  said  Towns 
and  places  being  thereby  impowered  to  Elect  and  Depute  two 
Persons  and  no  more  to  Serve  for  and  represent  them  respec 
tively  in  the  said  Great  and  Generall  Court  or  Assembly  and  that 


234     EXPLANATORY  MASSACHUSETTS  CHARTER    [Aug.  26/ Sept.  6 

the  Governor  for  the  time  being  should  have  full  Power  and 
Authority  from  time  to  time  as  he  should  Judge  necessary  to 
adjourn  Prorogue  and  Dissolve  all  Great  and  General  Courts  or 
Assemblies  met  and  Convened  as  aforesaid  And  did  thereby 
also  .  .  .  Ordain  that  in  the  Framing  and  Passing  of  all  Orders 
laws  Statutes  and  Ordinances  and  in  all  Elections  and  Acts  of 
Government  whatsoever  to  be  passed  made  or  done  by  the  said 
General  Court  or  Assembly  or  in  Council  the  Governor  .  .  .  should 
have  the  Negative  Voice  and  that  without  his  Consent  or  Appro 
bation  Signified  and  Declared  in  writing  no  such  Orders  laws 
Statutes  Ordinances  Elections  or  other  Acts  of  Government  what 
soever  ...  should  be  of  any  force  Effect  or  Validity.  .  .  .  'Unti 
OTfjereas  no  Provision  is  made  by  the  said  recited  letters  Patents 
touching  the  Nomination  and  Election  of  a  Speaker  of  the  Rep 
resentatives  Assembled  in  any  Great  and  Generall  Court  of  Our 
said  Province  nor  any  particular  Reservation  made  of  the  Right 
of  Us  Our  Heires  and  Successors  to  approve  or  disapprove  of 
such  Speaker  by  the  Governor  of  the  said  Province.  .  .  .  And 
no  power  is  Granted  ...  to  the  said  House  of  Representatives 
to  adjourn  themselves  for  any  time  whatsoever  by  means  whereof 
divers  Doubts  and  Controversies  have  Arisen  within  Our  said 
Province  to  the  Interruption  of  the  Publick  Business  thereof  and 
the  obstruction  of  Our  Service  3fitn0fo  gee  therefore  that  for 
removing  the  said  Doubts  and  Controversies  and  preventing  the 
like  mischiefs  for  the  future  And  also  for  the  further  Explanation 
of  the  said  recited  letters  Patents  Wee  ...  by  these  Presents  .  .  . 
Do  Will  Grant  Ordain  and  Appoint  that  for  ever  hereafter  the 
Representatives  Assembled  in  any  Great  or  General  Court  of  Our 
said  Province  to  be  hereafter  Summoned  shall  upon  the  first  day 
of  their  Assembling  Elect  a  fit  Person  out  of  the  said  Represen 
tatives  to  be  Speaker  of  the  House  of  Representatives  in  such 
General  Court  and  that  the  Person  so  Elected  shall  from  time  to 
time  be  presented  to  the  Governor  of  Our  said  Province  for  the 
time  being  or  in  his  absence  to  the  lieutenant  Governor  or  Com 
mander  in  Chief  of  Our  said  Province  for  the  time  being  for  his 
Approbation  to  which  Governor  lieutenant  Governor  and  Com 
mander  in  Chief  respectively  Wee  do  hereby  .  .  .  Give  full  power 
and  Authority  to  approve  or  disapprove  of  the  Person  so  Elected 
and  presented  which  approbation  or  disapprobation  shall  be  Sig- 
nifyed  by  him  by  Message  in  writing  under  his  Hand  to  the  said 


1725]  CHARTER  OF   GEORGIA  235 

House  of  Representatives  And  in  Case  such  Governour  lieu 
tenant  Governor  or  Commander  in  Chief  shall  disapprove  of  the 
Person  so  Elected  and  presented  or  the  Person  so  Elected  and 
presented  being  approved  as  aforesaid  shall  happen  to  dye  or  by 
Sickness  or  otherwise  be  disabled  from  Officiating  as  Speaker  in 
every  such  Case  the  said  Representatives  so  Assembled  shall  forth 
with  Elect  an  other  Person  to  be  Speaker  ...  to  be  presented  and 
approved  or  disapproved  in  manner  as  aforesaid.  .  .  .  Into  .  .  . 
\Jurther\  .  .  .  Wee  do  ...  Grant  Ordain  and  Appoint  that  it 
shall  and  may  be  lawfull  to  and  for  the  Representatives  assembled 
in  any  Great  or  Generall  Court  of  Our  said  Province  ...  to 
Adjourn  themselves  from  day  to  day  (and  if  occasion  shall 
require)  for  the  space  of  two  days  but  not  for  any  longer  time 
than  for  the  space  of  two  days  without  leave  from  the  Governor 
or  in  his  Absence  [from]  the  lieutenant  Governor  or  Commander 
in  Chief  of  Our  said  Province  for  the  time  being  first  had  and 
obtained  in  that  behalfe  any  thing  in  the  said  recited  letters 
Patents  contained  to  the  Contrary  thereof  in  any  wise  Notwith 
standing  Pr0biti£ti  always  that  nothing  in  these  presents  contained 
shall  Extend  or  be  Construed  to  Extend  to  revoke  alter  or  preju 
dice  the  Power  and  Authority  by  the  said  recited  letters  Patents 
Granted  to  the  Governor  ...  to  Adjourn  Prorogue  and  Dis 
solve  all  Great  and  General  Courts  or  Assemblies  of  Our  said 
Province.  .  .  . 


No.  49.     Charter  of  Georgia 

June  9/20,  1732 

THE  plan  for  a  colony  in  Georgia  originated  with  James  Edward  Ogle- 
thorpe,  an  English  gentleman  of  good  family,  who  had  served  with  distinction 
under  Prince  Eugene  of  Savoy,  and  later  had  entered  the  House  of  Commons. 
Oglethorpe's  sympathies  having  been  enlisted  on  behalf  of  imprisoned  debtors 
and  discharged  prisoners,  he  conceived  the  idea  of  establishing  in  America  a 
colony  where  worthy  persons  of  those  classes  could  get  a  new  start  in  life. 
The  charter  granted  to  trustees  certain  territory  south  of  the  Savannah  river, 
which  had  originally  formed  part  of  South  Carolina,  but  had  been  retained 
by  the  Crown  when  the  Carolinas  were  surrendered  by  the  proprietors  in  1729. 
To  this  was  added  the  one-eighth  interest  retained  by  Carteret  at  the  time  of 
the  surrender,  and  which  he  now  conveyed  to  the  trustees.  The  charter  was 
surrendered  in  1752,  and  Georgia  became  a  royal  province. 

REFERENCES. —  Text  in  Poore's  Federal  and  State  Constitutions,  I.,  369- 
377.  The  Journal  of  the  trustees  has  been  privately  printed  (1886).  Various 


236  CHARTER   OF   GEORGIA  June  9/20 

contemporary  accounts  are  reprinted  in  the  Collections  of  the  Georgia  Hist. 
Society,  and  in  Force's  Tracts,  I.  See  also  Winsor's  Narr.  and  Crit.  Hist.,  V., 
chap.  6;  and  early  documents  in  Charles  Lee's  Report  on  Claims  to  Lands  in 
the  Southwestern  Parts  of  the  United  States,  in  Amer.  State  Papers,  Public 
Lands,  I.,  34-67. 

GEORGE  the  second,  [&c]  .  .  . 

Whereas  we  are  credibly  informed,  that  many  of  our  poor  sub 
jects  are,  through  misfortunes  and  want  of  employment,  reduced 
to  great  necessity,  insomuch  as  by  their  labor  they  are  not  able  to 
provide  a  maintenance  for  themselves  and  families;  and  if  they 
had  means  to  defray  their  charges  of  passage,  and  other  expences, 
incident  to  new  settlements,  they  would  be  glad  to  settle  in  any 
of  our  provinces  in  America  where  by  cultivating  the  lands,  at 
present  waste  and  desolate,  they  might  not  only  gain  a  comfort 
able  subsistence  for  themselves  and  families,  but  also  strengthen 
our  colonies  and  increase  the  trade,  navigation  and  wealth  of 
these  our  realms.  And  whereas  our  provinces  in  North  America, 
have  been  frequently  ravaged  by  Indian  enemies;  more  espe 
cially  that  of  South-Carolina,  which  in  the  late  war,  by  the 
neighboring  savages,  was  laid  waste  by  fire  and  sword,  and  great 
numbers  of  English  inhabitants,  miserably  massacred,  and  our 
loving  subjects  who  now  inhabit  them,  by  reason  of  the  smallness 
of  their  numbers,  will  in  case  of  a  new  war,  be  exposed  to  the 
late  \likeT\  calamities;  inasmuch  as  their  whole  southern  frontier 
continueth  unsettled,  and  lieth  open  to  the  said  savages  —  And 
whereas  we  think  it  highly  becoming  our  crown  and  royal  dig 
nity,  to  protect  all  our  loving  subjects,  be  they  never  so  distant 
from  us;  to  extend  our  fatherly  compassion  even  to  the  meanest 
and  most  infatuated  of  our  people,  and  to  relieve  the  wants  of 
our  above  mentioned  poor  subjects;  and  that  it  will  be  highly 
conducive  for  accomplishing  those  ends,  that  a  regular  colony 
of  the  said  poor  people  be  settled  and  established  in  the  southern 
territories  of  Carolina.  And  whereas  we  have  been  well  assured, 
that  if  we  will  be  graciously  pleased  to  erect  and  settle  a  cor 
poration,  for  the  receiving,  managing  and  disposing  of  the 
contributions  of  our  loving  subjects:  divers  persons  would  be 
induced  to  contribute  to  the  purposes  aforesaid  —  Know  ye  there 
fore,  that  we  have,  for  the  considerations  aforesaid,  and  for  the 
better  and  more  orderly  carrying  on  of  the  said  good  purposes 
•  .  .  ,  willed,  ordained,  constituted  and  appointed,  and  by 


1732]  CHARTER  OF  GEORGIA  237 

these  presents,  for  us,  our  heirs  and  successors,  do  will,  ordain, 
constitute,  declare  and  grant,  that  our  right  trusty  and  well  be 
loved  John,  lord-viscount  Purcival,  of  our  kingdom  of  Ireland, 
our  trusty  and  well  beloved  Edward  Digby,  George  Carpenter, 
James  Oglethorpe,  George  Heathcote,  Thomas  Tower,  Robert 
Moore,  Robert  Hucks,  Roger  Holland,  William  Sloper,  Francis 
Eyles,  John  Laroche,  James  Vernon,  William  Beletha,  esquires, 
A.  M.  John  Burton,  B.  D.  Richard  Bundy,  A.  M.  Arthur  Bed 
ford,  A.  M.  Samuel  Smith,  A.  M.  Adam  Anderson  and  Thomas 
Corane,  gentleman;  and  such  other  persons  as  shall  be  elected  in 
the  manner  herein  after  mentioned,  and  their  successors  to  be 
elected  in  the  manner  herein  after  directed;  be,  and  shall  be  one 
body  politic  and  corporate,  in  deed  and  in  name,  by  the  name 
of  the  Trustees  for  establishing  the  colony  of  Georgia  in  America; 
.  .  .  and  that  they  and  their  successors  by  that  name  shall  and 
may  forever  hereafter,  be  persons  able  and  capable  in  the  law, 
to  purchase,  have,  take,  receive  and  enjoy,  to  them  and  their 
successors,  any  manors,  messuages,  lands,  tenements,  rents,  ad- 
vowsons,  liberties,  privileges,  jurisdictions,  franchises,  and  other 
hereditaments  whatsoever,  lying  and  being  in  Great  Britain,  or 
any  part  thereof,  of  whatsoever  nature,  kind  or  quality,  or  value 
they  be,  in  fee  and  in  perpetuity,  not  exceeding  the  yearly  value 
of  one  thousand  pounds,  beyond  reprises;  also  estates  for  lives, 
and  for  years,  and  all  other  manner  of  goods,  chattels  and  things 
whatsoever  they  be;  for  the  better  settling  and  supporting,  and 
maintaining  the  said  colony,  and  other  uses  aforesaid;  and  to 
give,  grant,  let  and  demise  the  said  manors,  messuages,  lands, 
tenements,  hereditaments,  goods,  chattels  and  things  whatsoever 
aforesaid,  by  lease  or  leases,  for  term  of  years,  in  possession  at 
the  time  of  granting  thereof,  and  not  in  reversion,  not  exceeding 
the  term  of  thirty-one  years,  from  the  time  of  granting  thereof; 
on  which  in  case  no  fine  be  taken,  shall  be  reserved  the  full,  and 
in  case  a  fine  be  taken,  shall  be  reserved  at  least  a  moiety  of  the 
value  that  the  same  shall  reasonably  and  bona  fide  be  worth  at  the 
time  of  such  demise;  and  that  they  and  their  successors,  by 
the  name  aforesaid,  shall  and  may  forever  hereafter,  be  persons 
able,  capable  in  the  law,  to  purchase,  have,  take,  receive,  and 
enjoy,  to  them  and  their  successors,  any  lands,  territories,  pos 
sessions,  tenements,  jurisdictions,  franchises  and  hereditaments 
whatsoever,  lying  and  being  in  America,  of  what  quantity,  quality 


238  CHARTER  OF  GEORGIA  [June  9/20 

or  value  whatsoever  they  be,  for  the  better  settling  and  supporting 
and  maintaining  the  said  colony;  .  .  .  And  we  do  further  grant 
that  the  said  corporation,  and  the  common  council  of  the 
said  corporation,  hereinafter  by  us  appointed,  may  from  time  to 
time,  and  at  all  times,  meet  about  their  affairs  when  and  where 
they  please,  and  transact  and  carry  on  the  business  of  the  said 
corporation.  And  for  the  better  execution  of  the  purposes  afore 
said,  we  do  ...  give  &  grant  to  the  said  corporation,  and  their 
successors,  that  they  and  their  successors  forever,  may  upon  the 
third  Thursday  in  the  month  of  March,  yearly,  meet  at  some 
convenient  place  to  be  appointed  by  the  said  corporation,  or 
major  part  of  them  who  shall  be  present  at  any  meeting  of  the 
said  corporation,  to  be  had  for  the  appointing  of  the  said  place; 
and  that  they,  or  two  thirds  of  such  of  them,  that  shall  be  present 
at  such  yearly  meeting,  and  at  no  other  meeting  of  the  said  cor 
poration,  between  the  hours  of  ten  in  the  morning  and  four  in 
the  afternoon  of  the  same  day,  choose  and  elect  such  person  or 
persons  to  be  members  of  the  said  corporation,  as  they  shall  think 
beneficial  to  the  good  designs  of  the  said  corporation.  [The 
council  may,  from  the  corporation,  fill  vacancies  caused  by  death 
or  resignation;  and  all  members  shall  be  sworn.]  And  our  will 
and  pleasure  is,  that  the  first  president  of  the  said  corporation  is 
and  shall  be  our  trusty  and  well-beloved,  the  said  Lord  John 
Viscount  Percival  ;  and  that  the  said  president  shall,  within 
thirty  days  after  the  passing  this  charter,  cause  a  summons  to  be 
issued  to  the  several  members  of  the  said  corporation  herein 
particularly  named,  to  meet  at  such  time  and  place  as  he  shall 
appoint,  to  consult  about  and  transact  the  business  of  said  cor 
poration.  And  our  will  and  pleasure  is,  and  we,  by  these  pres 
ents  .  .  .  ,  grant,  ordain,  and  direct,  that  the  common  council  of 
this  corporation  shall  consist  of  fifteen  in  number;  and  we  do, 
by  these  presents,  nominate,  constitute,  and  appoint  .  .  .  John 
Lord  Viscount  Percival,  .  .  .  Edward  Digby,  George  Carpenter, 
James  Oglethorpe,  George  Heathcote,  Thomas  Laroche,  James 
Vernon,  William  Beletha,  esqrs.,  and  Stephen  Hales,  Master  of 
Arts,  to  be  the  common  council  of  the  said  corporation,  to  con 
tinue  in  the  said  office  during  their  good  behavior.  And  whereas 
it  is  our  royal  intention,  that  the  members  of  the  said  corporation 
should  be  increased  by  election,  as  soon  as  conveniently  may  be, 
to  a  greater  number  than  is  hereby  nominated;  ...  we  do  hereby 


1732]  CHARTER  OF  GEORGIA  239 

.  .  .  ordain  and  direct,  that  from  the  time  of  such  increase  of 
the  members  of  the  said  corporation,  the  number  of  the  com 
mon  council  shall  be  increased  to  twenty-four;  and  that  the  same 
assembly  at  which  such  additional  members  of  the  said  corpora 
tion  shall  be  chosen,  there  shall  likewise  be  elected  in  the  man 
ner  hereinbefore  directed  for  the  election  of  common  council 
men,  nine  persons  to  be  the  said  common  council  men,  and  to 
make  up  the  number  twenty-four.  And  our  further  will  and 
pleasure  is,  that  .  .  .  Edward  Digby,  esquire,  shall  be  the  first 
chairman  of  the  common  council  of  the  said  corporation;  and 
that  the  said  lord-viscount  Purcival  shall  be,  and  continue,  presi 
dent  of  the  said  corporation,  and  that  the  said  Edward  Digby 
shall  be  and  continue  chairman  of  the  common  council  of  the 
said  corporation,  respectively,  until  the  meeting  which  shall  be 
had  next  and  immediately  after  the  first  meeting  of  the  said  cor 
poration,  or  of  the  common  council  of  the  said  corporation 
respectively,  and  no  longer;  at  which  said  second  meeting,  and 
every  other  subsequent  and  future  meeting  of  the  said  corpora 
tion  or  of  the  common  council  of  the  said  corporation  respec 
tively,  in  order  to  preserve  an  indifferent  rotation  of  the  several 
offices,  of  president  of  the  corporation,  and  of  chairman  of  the 
common  council  of  the  said  corporation  we  do  direct  and  ordain 
that  all  and  every  the  person  and  persons,  members  of  the  said 
common  council  for  the  time  being,  and  no  other,  being  present 
at  such  meetings,  shall  severally  and  respectively  in  their  turns, 
preside  at  the  meetings  which  shall  from  time  to  time  be  held  of 
the  said  corporation,  or  of  the  common  council  of  the  said  cor 
poration  respectively :  and  in  case  any  doubt  or  question  shall 
at  any  time  arise  touching  or  concerning  the  right  of  any  mem 
ber  of  the  said  common  council  to  preside  at  any  meeting  of  the 
said  corporation,  or  at  the  common  council  of  the  said  corpora 
tion,  the  same  shall  respectively  be  determined  by  the  major  part 
of  the  said  corporation,  or  of  the  common  council  of  the  said 
corporation  respectively,  who  shall  be  present  at  such  meeting. 
Provided  always,  that  no  member  of  the  said  common  council  hav 
ing  served  in  the  offices  of  president  of  the  said  corporation,  or  of 
chairman  of  the  common  council  of  the  said  corporation,  shall 
be  capable  of  being,  or  of  serving  as  president  or  chairman  at 
any  meeting  of  the  said  corporation,  or  common  council  of  the 
said  corporation  next  and  immediately  ensuing  that  in  which  he 


240  CHARTER  OF   GEORGIA  [June  9/20 

so  served  as  president  of  the  said  corporation  or  chairman  of  the 
said  common  council  of  the  said  corporation  respectively;  unless 
it  shall  so  happen  that  at  any  such  meeting  of  the  said  corpora 
tion,  there  shall  not  be  any  other  member  of  the  said  common 
council  present.  And  our  will  and  pleasure  is,  that  at  all  and 
every  of  the  meetings  of  the  said  corporation,  or  of  the  common 
council  of  the  said  corporation,  the  president  or  chairman  for 
the  time  being,  shall  have  a  voice  and  shall  vote,  and  shall  act  as 
a  member  of  the  said  corporation  or  of  the  common  council  of 
the  said  corporation,  at  such  meeting;  and  in  case  of  any  equality 
of  votes,  the  said  president  or  chairman  for  the  time  being,  shall 
have  a  casting  vote.  And  our  further  will  and  pleasure  is,  that 
no  president  of  the  said  corporation,  or  chairman  of  the  com 
mon  council  of  the  said  corporation,  or  member  of  the  said  com 
mon  council  or  corporation,  by  us  by  these  presents  appointed, 
or  hereafter  from  time  to  time  to  be  elected  and  appointed  in 
manner  aforesaid,  shall  have,  take,  or  receive,  directly  or  indi 
rectly,  any  salary,  fee,  perquisite,  benefit  or  profit  whatsoever, 
for  or  by  reason  of  his  or  their  serving  the  said  corporation,  or 
common  council  of  the  said  corporation,  or  president,  chairman 
or  common  council-man,  or  as  being  a  member  of  the  said  cor 
poration.  And  our  will  and  pleasure  is,  that  the  said  herein 
before  appointed  president,  chairman  or  common  council-men, 
before  he  and  they  act  respectively  as  such,  shall  severally  take 
an  oath  for  the  faithful  and  due  execution  of  their  trust,  to  be 
administered  to  the  president  by  the  Chief  Baron  of  our  Court 
of  Exchequer,  for  the  time  being,  and  by  the  president  of  the 
said  corporation  to  the  rest  of  the  common  council,  who  are 
hereby  authorised  severally  and  respectively,  to  administer  the 
same.  And  our  will  and  pleasure  is,  that  all  and  every  person  and 
persons,  \who~\  shall  have  in  his  or  their  own  name  or  names,  or 
in  the  name  or  names  of  any  person  or  persons  in  trust  for  him  or 
them,  or  for  his  or  their  benefit,  any  place,  office  or  employment 
of  profit,  under  the  said  corporation,  shall  be  incapable  of  being 
elected  a  member  of  the  said  corporation;  and  if  any  member  of 
the  said  corporation  during  such  time  as  he  shall  continue  a 
member  thereof,  shall  in  his  own  name  or  in  the  name  of  any 
person  or  persons,  in  trust  for  him  or  for  his  benefit,  have,  hold 
or  exercise,  accept,  possess  or  enjoy,  any  office,  place  or  employ 
ment  of  profit,  under  the  said  corporation,  or  under  the  common 


1732]  CHARTER  OF  GEORGIA  241 

council  of  the  said  corporation  —  such  member  shall  from  the 
time  of  his  having,  holding,  exercising,  accepting  possessing  and 
enjoying  such  office,  place  and  employment  of  profit,  cease  to 
be  a  member  of  the  said  corporation.  And  we  do  ...  grant  unto 
the  said  corporation,  that  they  and  their  successors  or  the  major 
part  of  such  of  them  as  shall  be  present  at  any  meeting  of  the 
said  corporation,  convened  and  assembled  for  that  purpose  by  a 
convenient  notice  thereof,  shall  have  power  from  time  to  time, 
and  at  all  times  hereafter,  to  authorize  and  appoint  such  persons 
as  they  shall  think  fit  to  take  subscriptions,  and  to  gather  and 
collect  such  moneys  as  shall  be  by  any  person  or  persons  con 
tributed  for  the  purposes  aforesaid;  and  shall  and  may  revoke 
and  make  void  such  authorities  and  appointments,  as  often  as 
they  shall  see  cause  so  to  do.  And  we  do  hereby  .  .  .  ordain  and 
direct,  that  the  said  corporation  every  year  lay  an  account  in 
writing  before  the  chancellor,  or  speaker,  or  commissioners,  for 
the  custody  of  the  great  seal  of  Great-Britain  .  .  .  ;  the  Chief 
Justice  of  the  Court  of  Kings'  Bench,  the  Master  of  Rolls  the 
Chief  Justice  of  the  Court  of  Common  Pleas,  and  the  chief  Baron 
of  the  Exchequer  .  .  .  ,  or  any  two  of  them ;  of  all  moneys  and 
effects  by  them  received  or  expended,  for  carrying  on  the  good 
purposes  aforesaid.  And  we  do  hereby  .  .  .  give  and  grant  unto 
the  said  corporation,  and  their  successors,  full  power  and  au 
thority  to  constitute,  ordain  and  make,  such  and  so  many  by-laws, 
constitutions,  orders  and  ordinances,  as  to  them,  or  the  greater 
part  of  them,  at  their  general  meeting  for  that  purpose,  shall 
seem  necessary  and  convenient  for  the  well  ordaining  and  gov 
erning  of  the  said  corporation;  and  the  said  by-laws,  constitu 
tions,  orders  and  ordinances,  or  any  of  them,  to  alter  and  annul, 
as  they  or  the  major  part  of  them  then  present  shall  see  requisite; 
and  in  and  by  such  by-laws,  rules,  orders  and  ordinances,  to  sell, 
impose  and  inflict,  reasonable  pains  and  penalties  upon  any 
offender  or  offenders,  who  shall  trangress,  break  or  violate  the 
said  by-laws,  constitutions,  orders  and  ordinances  .  .  .  ,  and  to 
mitigate  the  same  as  they  or  the  major  part  of  them  then  present 
shall  think  convenient;  which  said  pains  and  penalties,  shall  and 
may  be  levied,  sued  for,  taken,  retained  and  recovered,  by  the 
said  corporation  and  their  successors,  by  their  officers  and  ser 
vants,  from  time  to  time,  to  be  appointed  for  that  purpose,  by 
action  of  debt,  or  by  any  other  lawful  ways  or  means,  to  the  use 


242  CHARTER   OF  GEORGIA  [June  9/20 

and  behoof  of  the  said  corporation  and  their  successors,  all  and 
singular:  which  by-laws,  constitutions,  orders  and  ordinances, 
so  as  aforesaid  to  be  made,  we  will  shall  be  duly  observed  and 
kept,  under  the  pains  and  penalties  therein  to  be  contained,  so 
always,  as  the  said  by-laws,  constitutions,  orders,  and  ordinances, 
pains  and  penalties  .  .  .  ,  be  reasonable  and  not  contrary  or  re 
pugnant  to  the  laws  or  statutes  of  this  our  realm;  and  that  such 
by-laws,  constitutions  and  ordinances,  pains  and  penalties  .  .  .  , 
and  any  repeal  or  alteration  thereof,  or  any  of  them,  may  be  like 
wise  agreed  to  be  established  and  confirmed  by  the  said  general 
meeting  of  the  said  corporation,  to  be  held  and  kept  next  after 
the  same  shall  be  respectively  made.  And  whereas  the  said  cor 
poration  intend  to  settle  a  colony,  and  to  make  an  habitation 
and  plantation  in  that  part  of  our  province  of  South-Carolina, 
in  America,  herein  after  described  —  Know  ye,  that  we  greatly 
desiring  the  happy  success  of  the  said  corporation,  for  their  fur 
ther  encouragement  in  accomplishing  so  excellent  a  work  .  .  . 
do  give  and  grant  to  the  said  corporation  and  their  successors 
under  the  reservation,  limitation  and  declaration,  hereafter  ex 
pressed,  seven  undivided  parts,  the  whole  in  eight  equal  parts 
to  be  divided,  of  all  those  lands,  countrys  and  territories,  situate, 
lying  and  being  in  that  part  of  South-Carolina,  in  America, 
which  lies  from  the  most  northern  part  of  a  stream  or  river 
there,  commonly  called  the  Savannah,  all  along  the  sea  coast  to 
the  southward,  unto  the  most  southern  stream  of  a  certain  other 
great  water  or  river  called  the  Alatamaha,  and  westterly  from  the 
heads  of  the  said  rivers  respectively,  in  direct  lines  to  the  south 
seas;  and  all  that  share,  circuit  and  precinct  of  land,  within  the 
said  boundaries,  with  the  islands  on  the  sea,  lying  opposite  to 
the  eastern  coast  of  the  said  lands,  within  twenty  leagues  of  the 
same,  which  are  not  inhabited  already,  or  settled  by  any  authority 
derived  from  the  crown  of  Great-Britain :  ...  to  be  holden  of 
us,  our  heirs  and  successors  as  of  our  honour  of  Hampton-court, 
in  our  county  of  Middlesex  in  free  and  common  soccage,  and  not 
in  capite,  yielding,  and  paying  therefor  to  us,  our  heirs  and 
successors  yearly  forever,  the  sum  of  four  shillings  for  every  hun 
dred  acres  of  the  said  lands,  which  the  said  corporation  shall 
grant,  demise,  plant  or  settle;  the  said  payment  not  to  commence 
or  to  be  made,  until  ten  years  after  such  grant,  demise,  planting 
or  settling;  and  to  be  answered  and  paid  ...  in  such  manner  and 


1732]  CHARTER   OF   GEORGIA  243 

in  such  species  of  money  or  notes,  as  shall  be  current  in  payment, 
by  proclamation  from  time  to  time,  in  our  said  province  of  South- 
Carolina.  All  which  lands,  countries,  territories  and  premises, 
hereby  granted  or  mentioned,  and  intended  to  be  granted,  we  do 
by  these  presents,  make,  erect  and  create  one  independent  and 
separate  province,  by  the  name  of  Georgia,  by  which  name  we 
will,  the  same  henceforth  be  called.  And  that  all  and  every  per 
son  or  persons,  who  shall  at  any  time  hereafter  inhabit  or  reside 
within  our  said  province,  shall  be,  and  are  hereby  declared  to  be 
free,  and  shall  not  be  subject  to  or  be  bound  to  obey  any  laws, 
orders,  statutes  or  constitutions,  which  have  been  heretofore  made, 
ordered  or  enacted  by,  for,  or  as,  the  laws,  orders,  statutes  or 
constitutions  of  our  said  province  of  South-Carolina,  (save  and 
except  only  the  \commander\  in  chief  of  the  militia,  of  our  said 
province  of  Georgia,  to  our  governor  for  the  time  being  of  South- 
Carolina,  in  manner  hereafter  declared;)  but  shall  be  subject  to, 
and  bound  to  obey,  such  laws,  orders,  statutes  and  constitutions  as 
shall  from  time  to  time  be  made,  ordered  and  enacted,  for  the 
better  government  of  the  said  province  of  Georgia,  in  the  manner 
hereinafter  declared.  And  we  do  hereby,  for  our  heirs  and  suc 
cessors,  ordain,  will  and  establish,  that  for  and  during  the  term  of 
twenty-one  years,  to  commence  from  the  date  of  these  our  letters 
patent,  the  said  corporation  assembled  for  that  purpose,  shall  and 
may  form  and  prepare,  laws,  statutes  and  ordinances,  fit  and  nec 
essary  for  and  concerning  the  government  of  the  said  colony,  and 
not  repugnant  to  the  laws  and  statutes  of  England;  and  the  same 
shall  and  may  present  under  their  common  seal  to  us,  our  heirs 
and  successors,  in  our  or  their  privy  council  for  our  or  their 
approbation  or  disallowance :  and  the  said  laws,  statutes  and 
ordinances,  being  approved  of  by  us,  our  heirs  and  successors, 
in  our  or  their  privy  council,  shall  from  thence  forth  be  in  full 
force  and  virtue  within  our  said  province  of  Georgia.  And  for 
asmuch  as  the  good  and  prosperous  success  of  the  said  colony 
cannot  but  chiefly  depend,  next  under  the  blessing  of  God,  and 
the  support  of  our  royal  authority,  upon  the  provident  and  good 
direction  of  the  whole  enterprise,  and  that  it  will  be  too  great 
a  burthen  upon  all  the  members  of  the  said  corporation  to  be 
convened  so  often  as  may  be  requisite,  to  hold  meetings  for  the 
settling,  supporting,  ordering,  and  maintaining  the  said  colony; 
therefore  we  do  will,  ordain  and  establish,  that  the  said  common 


244  CHARTER   OF  GEORGIA  [June  9/20 

council  for  the  time  being,  of  the  said  corporation,  being  assem 
bled  for  that  purpose,  or  the  major  part  of  them,  shall  .  .  .  have 
full  power  and  authority  to  dispose  of,  extend  and  apply  all  the 
monies  and  effects  belonging  to  the  said  corporation,  in  such 
manner  and  ways  and  by  such  expenses  as  they  shall  think  best  to 
conduce  to  the  carrying  on  and  effecting  the  good  purposes  herein 
mentioned  and  intended;  and  also  shall  have  full  power  in  the 
name  and  on  account  of  the  said  corporation,  and  with  and  under 
their  common  seal,  to  enter  under  any  covenants  or  contracts,  for 
carrying  on  and  effecting  the  purposes  aforesaid.  [The  common 
council  may  appoint  and  remove  treasurers,  secretaries,  and  other 
officers,  and  fix  their  compensation;  but  treasurers  and  secretaries 
shall  not,  during  their  terms  of  office,  be  members  of  the  cor 
poration.]  .  .  .  And  for  the  greater  ease  and  encouragement  of 
our  loving  subjects  and  such  others  as  shall  come  to  inhabit  in 
our  said  colony,  we  do  ...  ordain,  that  torever  hereafter,  there 
shall  be  a  liberty  of  conscience  allowed  in  the  worship  of  God, 
to  all  persons  inhabiting,  or  which  shall  inhabit  or  be  resident 
within  our  said  province,  and  that  all  such  persons,  except 
papists,  shall  have  a  free  exercise  of  religion,  so  they  be  con 
tented  with  the  quiet  and  peaceable  enjoyment  of  the  same,  not 
giving  offence  or  scandal  to  the  government.  And  our  further 
will  and  pleasure  is,  and  we  do  hereby  .  .  .  declare  and  grant, 
that  it  shall  and  may  be  lawful  for  the  said  common  council,  or 
the  major  part  of  them  assembled  for  that  purpose,  in  the  name 
of  the  corporation,  and  under  the  common  seal,  to  distribute, 
convey,  assign  and  set  over  such  particular  portions  of  lands, 
tenements  and  hereditaments  by  these  presents  granted  to  the 
said  corporation,  unto  such  our  loving  subjects,  natural  born, 
denizens  or  others  that  shall  be  willing  to  become  our  subjects, 
and  live  under  our  allegiance  in  the  said  colony,  upon  such 
terms,  and  for  such  estates,  and  upon  such  rents,  reservations 
and  conditions  as  the  same  may  be  lawfully  granted,  and  as  to 
the  said  common  council,  or  the  major  part  of  them  so  present, 
shall  seem  fit  and  proper.  Provided  always  that  no  grants  shall 
be  made  of  any  part  of  the  said  lands  unto  any  person,  being  a 
member  of  the  said  corporation,  or  to  any  other  person  in  trust, 
for  the  benefit  of  any  member  of  the  said  corporation;  and  that 
no  person  having  any  estate  or  interest,  in  law  or  equity,  in  any 
part  of  the  said  lands,  shall  be  capable  of  being  a  member  of  the 


1732]  CHARTER  OF  GEORGIA  245 

said  corporation,  during  the  continuance  of  such  estate  or  inter 
est.  Provided  also,  that  no  greater  quantity  of  lands  be  granted, 
either  entirely  or  in  parcels,  to  or  for  the  use,  or  in  trust  for  any 
one  person,  than  five  hundred  acres;  and  that  all  grants  made 
contrary  to  the  true  intent  and  meaning  hereof,  shall  be  abso 
lutely  null  and  void.  And  we  do  hereby  grant  and  ordain,  that 
such  person  or  persons,  for  the  time  being  as  shall  be  thereunto 
appointed  by  the  said  corporation,  shall  .  .  .  have  full  power  and 
authority  to  administer  and  give  the  oaths,  appointed  by  an  act 
of  parliament,  made  in  the  first  year  of  the  reign  of  our  late  royal 
father,  to  be  taken  instead  of  the  oaths  of  allegiance  and  suprem 
acy;  and  also  the  oath  of  abjuration,  to  all  and  every  person  and 
persons  which  shall  at  any  time  be  inhabiting  or  residing  with 
our  said  colony;  and  in  like  cases  to  administer  the  solemn 
affirmation  to  any  of  the  persons  commonly  called  quakers,  in 
such  manner  as  by  the  laws  of  our  realm  of  Great-Britain,  the 
same  may  be  administered.  And  we  do  ...  ordain  .  .  . 
that  the  said  corporation  and  their  successors,  shall  have  full 
power  and  authority,  for  and  during  the  term  of  twenty-one  years, 
to  commence  from  the  date  of  these  our  letters  patent,  to  erect 
and  constitute  judicatories  and  courts  of  record,  or  other  courts, 
to  be  held  in  the  name  of  us,  our  heirs  and  successors  for  the 
hearing  and  determining  of  all  manner  of  crimes,  offences,  pleas, 
processes,  plaints,  actions,  matters,  causes  and  things  whatsoever, 
arising  or  happening,  within  the  said  province  of  Georgia,  or 
between  persons  of  Georgia;  whether  the  same  be  criminal  or 
civil,  and  whether  the  said  crimes  be  capital  or  not  capital,  and 
whether  the  said  pleas  be  real,  personal  or  mixed :  and  for  award 
ing  and  making  out  executions  thereupon;  to  which  courts  and 
judicatories,  we  do  hereby  .  .  .  grant  full  power  and  authority, 
from  time  to  time,  to  administer  oaths  for  the  discovery  of  truth 
in  any  matter  in  controversy,  or  depending  before  them,  or  the 
solemn  affirmation,  to  any  of  the  persons  commonly  called  quakers, 
in  such  manner,  as  by  the  laws  of  our  realm  of  Great-Britain,  the 
same  may  be  administered.  And  our  further  will  and  pleasure 
is,  that  the  said  corporation  and  their  successors,  do  from  time 
to  time,  and  at  all  times  hereafter,  register  or  cause  to  be  regis 
tered,  all  such  leases,  grants,  plantings,  conveyances,  settlements, 
and  improvements  whatsoever,  as  shall  at  any  time  hereafter  be 
made  by,  or  in  the  name  of  the  said  corporation,  of  any  lands, 


246  CHARTER   OF  GEORGIA  [June  9/20 

tenements  or  hereditaments  within  the  said  province;  and  shall 
yearly  send  and  transmit,  or  cause  to  be  sent  or  transmitted, 
authentic  accounts  of  such  leases,  grants,  conveyances,  settle 
ments  and  improvements  respectively,  unto  the  auditor  of  the 
plantations  for  the  time  being,  or  his  deputy,  and  also  to  our  sur 
veyor  for  the  time  being  of  our  said  province  of  South-Carolina; 
to  whom  we  do  hereby  grant  full  power  and  authority  from  time 
to  time,  as  often  as  need  shall  require,  to  inspect  and  survey, 
such  of  the  said  lands  and  premises,  as  shall  be  demised,  granted 
and  settled  as  aforesaid :  which  said  survey  and  inspection,  we 
do  hereby  declare,  to  be  intended  to  ascertain  the  quitrents  which 
shall  from  time  to  time  become  due  to  us,  our  heirs  and  suc 
cessors,  according  to  the  reservation  herein  before  mentioned, 
and  for  no  other  purposes  whatsoever;  hereby  for  us,  our  heirs 
and  successors,  strictly  enjoining  and  commanding,  that  neither 
our  or  their  surveyor,  or  any  person  whatsover,  under  the  pretext 
and  colour  of  making  the  said  survey  or  inspection,  shall  take, 
demand  or  receive,  any  gratuity,  fee  or  reward,  of  or  from,  any 
person  or  persons,  inhabiting  in  the  said  colony,  or  from  the  said 
corporation  or  common  council  of  the  same,  on  the  pain  of  for 
feiture  of  the  said  office  or  offices,  and  incurring  our  highest 
displeasure.  Provided  always  .  .  .  ,  that  all  leases,  grants  and 
conveyances  to  be  made  by  or  in  the  name  of  the  said  corpora 
tion,  of  any  lands  within  the  said  province,  or  a  memorial  con 
taining  the  substance  and  effect  thereof,  shall  be  registered  with 
the  auditor  of  the  said  plantations  .  .  .  within  the  space  of  one 
year,  to  be  computed  from  the  date  thereof,  otherwise  the  same 
shall  be  void.  And  our  further  will  and  pleasure  is,  that  the 
rents,  issues  and  all  other  profits,  which  shall  at  any  time  here 
after  come  to  the  said  corporation,  [shall  be  applied  in  such 
manner  as  the  said  corporation*'}  or  the  major  part  of  them  which 
shall  be  present  at  any  meeting  for  that  purpose  assembled,  shall 
think  will  most  improve  and  enlarge  the  said  colony,  and  best 
answer  the  good  purposes  herein  before  mentioned,  and  for 
defraying  all  other  charges  about  the  same.  And  our  will  and 
pleasure  is,  that  the  said  corporation  and  their  successors,  shall 
from  time  to  time  give  in  to  one  of  the  principal  secretaries  of 
state,  and  to  the  commissioners  of  trade  and  plantations,  ac- 

*  These  words  are  not  in  the  original,  but  appear  to  be  necessary  to  complete 
the  sense. 


1732]  CHARTER  OF  GEORGIA  247 

counts  of  the  progresses  of  the  said  colony.  And  our  will  and 
pleasure  is  that  no  act  done  at  any  meeting  of  the  said  common 
council  of  the  said  corporation,  shall  be  effectual  and  valid, 
unless  eight  members  at  least  of  the  said  common  council,  in 
cluding  the  member  who  shall  serve  as  chairman  at  the  said 
meeting,  be  present,  and  the  major  part  of  them  consenting 
thereunto.  And  our  will  and  pleasure  is,  that  the  common  coun 
cil  of  the  said  corporation  for  the  time  being,  or  the  major  part 
of  them  who  shall  be  present,  being  assembled  for  that  purpose, 
shall  from  time  to  time,  for,  and  during,  and  unto  the  full  end 
and  expiration  of  twenty-one  years,  to  commence  from  the  date 
of  these  our  letters  patent,  have  full  power  and  authority  to  nomi 
nate,  make,  constitute  and  commission,  ordain  and  appoint,  by 
such  name  or  names,  style  or  styles,  as  to  them  shall  seem  meet 
and  fitting,  all  and  singular  such  governors,  judges,  magistrates, 
ministers  and  officers,  civil  and  military, 'both  by  sea  and  land, 
within  the  said  districts,  as  shall  by  them  be  thought  fit  and 
needful  to  be  made  or  used  for  the  said  government  of  the  said 
colony;  save  always,  and  except  such  offices  only  as  shall  by  us, 
our  heirs  and  successors,  be  from  time  to  time  constituted  and 
appointed,  for  the  managing  collecting  and  receiving  such  rev 
enues,  as  shall  from  time  to  time  arise  within  the  said  province 
of  Georgia,  and  become  due  to  us,  our  heirs  and  successors. 
Provided  always  .  .  .  ,  that  every  governor  of  the  said  province 
of  Georgia,  to  be  appointed  by  the  common  council  of  the  said 
corporation,  before  he  shall  enter  upon  or  execute  the  said  office 
of  governor,  shall  be  approved  by  us,  our  heirs  or  successors, 
and  shall  take  such  oaths,  and  shall  qualify  himself  in  such 
manner,  in  all  respects,  as  any  governor  or  commander  in  chief 
of  any  of  our  colonies  or  plantations  in  America,  are  by  law 
required  to  do;  and  shall  give  good  and  sufficient  security  for 
observing  the  several  acts  of  parliament  relating  to  trade  and 
navigation,  and  to  observe  and  obey  all  instructions  that  shall  be 
sent  to  him  by  us,  our  heirs  and  successors,  or  any  acting  under 
our  or  their  authority,  pursuant  to  the  said  acts,  or  any  of  them. 
[The  corporation  may  establish  and  train  a  militia,  fortify  and 
defend  the  colony,  exercise  martial  law  in  time  of  war,  &c.] 
And  ...  we  do  ...  grant,  that  the  governor  and  commander 
in  chief  of  the  province  of  South-Carolina  .  .  .  for  the  time 
being,  shall  at  all  times  hereafter  have  the  chief  command  of 


248  MOLASSES  ACT  [May  17/28 

the  militia  of  our  said  province  .  .  .  ;  and  that  such  militia 
shall  observe  and  obey  all  orders  and  directions,  that  shall  from 
time  to  time  be  given  or  sent  to  them  by  the  said  governor 
or  commander  in  chief ;  any  thing  in  these  presents  before 
contained  to  the  contrary  hereof,  in  any  wise  notwithstanding. 
.  .  .  And  ...  we  ...  do  give  and  grant,  unto  the  said  corpora 
tion  and  their  successors,  full  power  and  authority  to  import  and 
export  their  goods,  at  and  from  any  port  or  ports  that  shall  be 
appointed  by  us  ...  within  the  said  province  of  Georgia,  for  that 
purpose,  without  being  obliged  to  touch  at  any  other  port  in 
South-Carolina.  And  we  do  ...  will  and  declare,  that  from  and 
after  the  termination  of  the  said  term  or  \of]  twenty-one  years, 
such  form  of  government  and  method  of  making  laws,  statutes  and 
ordinances,  for  the  better  governing  and  ordering  the  said  prov 
ince  of  Georgia,  and  the  inhabitants  thereof,  shall  be  established 
and  observed  within  the  same,  as  we,  our  heirs  and  successors, 
shall  hereafter  ordain  and  appoint,  and  shall  be  agreeably  to  law; 
and  that  from  and  after  the  determination  of  the  said  term  of 
twenty-one  years,  the  governor  of  our  said  province  of  Georgia, 
and  all  officers  civil  and  military,  within  the  same,  shall  from 
time  to  time  be  nominated  and  constituted,  and  appointed  by 
us,  our  heirs  and  successors.  .  .  . 


No.  50.    Molasses  Act 

May  17/28,  1733 

IN  the  exchange  of  fish,  lumber  and  agricultural  products  for  the  sugar, 
molasses  and  rum  of  the  West  Indies,  the  northern  English  colonies  in 
America  early  found  their  most  important  and  most  lucrative  trade.  More 
over,  it  was  by  means  of  this  trade  that  the  money  for  the  purchase  of  manu 
factured  goods  in  England  was  mainly  obtained.  The  adoption  of  a  more 
liberal  commercial  policy  by  France,  however,  in  1717,  enabled  the  sugar  of 
the  French  West  Indies  to  displace  the  British  product  in  European  markets, 
and  to  compete  successfully  in  the  markets  of  the  English  colonies;  while  the 
prohibition  of  the  importation  of  rum  into  France,  as  a  protection  to  the  pro 
duction  of  brandy,  forced  the  producers  of  molasses  in  the  French  colonies  to 
seek  a  market  in  New  England  and  New  York,  where  molasses,  little  produced 
in  the  English  West  Indies,  was  much  in  demand.  The  prosperity  of  the 
French  colonies  led  to  numerous  protests  from  planters  in  the  British  sugar 
islands,  and  in  1731  a  bill  to  prohibit  the  importation  into  Great  Britain 
or  the  American  colonies  of  any  foreign  sugar,  molasses  or  rum  passed 


1733]  MOLASSES  ACT  249 

the  House  of  Commons,  but  was  rejected  by  the  Lords.  The  object  of  the 
bill  was  attained,  however,  by  the  passage,  in  1733,  of  the  so-called  Molasses 
Act,  by  which  practically  prohibitory  duties  were  imposed  upon  the  before- 
mentioned  articles.  The  act  was  systematically  disregarded  by  the  English 
colonies,  and  remained  largely  a  dead-letter.  The  Molasses  Act  was  to  con 
tinue  in  force  for  five  years;  but  it  was  five  times  renewed,  and  by  the  Sugar 
Act  of  1 764  was  made  perpetual. 

REFERENCES.  —  Text  in  Pickering's  Statutes  at  Large,  XVI.,  374-379.  The 
act  is  cited  as  6  Geo.  II.,  c.  13.  The  best  discussion  of  the  act  is  in  Beer's 
Commercial  Policy  of  England  (Columbia  Col.  Studies,  III,  No.  2),  chap.  6. 

An  act  for  the  better  securing  and  encouraging  the  trade  of 
his  Majesty's  sugar  colonies  in  America. 

WHEREAS  the  welfare  and  prosperity  of  your  Majesty's  sugar 
colonies  in  America  are  of  the  greatest  consequence  and  importance 
to  the  trade,  navigation  and  strength  of  this  kingdom :  and  whereas 
the  planters  of  the  said  sugar  colonies  have  of  late  years  fallen  under 
such  great  discouragements,  that  they  are  unable  to  improve  or 
carry  on  the  sugar  trade  upon  an  equal  footing  with  the  foreign 
sugar  colonies,  without  some  advantage  and  relief  be  given  to  them 
from  Great  Britain :  for  remedy  whereof  ...  be  it  enacted  .  .  .  , 
That  from  and  after  the  twenty  fifth  day  of  December  one  thou 
sand  seven  hundred  and  thirty  three,  there  shall  be  raised,  levied, 
collected  and  paid,  unto  and  for  the  use  of  his  Majesty  .  .  .  , 
upon  all  rum  or  spirits  of  the  produce  or  manufacture  of  any  of 
the  colonies  or  plantations  in  America,  not  in  the  possession  or 
under  the  dominion  of  his  Majesty  .  .  .  ,  which  at  any  time  or 
times  within  or  during  the  continuance  of  this  act,  shall  be  im 
ported  or  brought  into  any  of  the  colonies  or  plantations  in 
America,  which  now  are  or  hereafter  may  be  in  the  possession  or 
under  the  dominion  of  his  Majesty  .  .  .  ,  the  sum  of  nine  pence, 
money  of  Great  Britain,  to  be  paid  according  to  the  proportion 
and  value  of  five  shillings  and  six  pence  the  ounce  in  silver,  for 
every  gallon  thereof,  and  after  that  rate  for  any  greater  or  lesser 
quantity:  and  upon  all  molasses  or  syrups  of  such  foreign  prod 
uce  or  manufacture  as  aforesaid,  which  shall  be  imported  or 
brought  into  any  of  the  said  colonies  or  plantations  of  or  belong 
ing  to  his  Majesty,  the  sum  of  six  pence  of  like  money  for  every 
gallon  thereof  .  .  .  ;  and  upon  all  sugars  and  paneles  of  such 
foreign  growth,  produce  or  maufacture  as  aforesaid,  which  shall 
be  imported  into  any  of  the  said  colonies  or  plantations  of  or 


250  MOLASSES  ACT  [May  17/28 

belonging  to  his  Majesty,  a  duty  after  the  rate  of  five  shillings  of 
like  money,  for  every  hundred  weight  Avoir dupoize,  of  the  said 
sugar  and  paneles.  .  .  . 

II.  [Such  dutiable  goods  to  be  entered  with  the  collector  of 
customs  at  the  place  of  importation,  and  the  duty  paid  before 
landing.] 

III.  [The  said  goods,  if  landed  before  entry  and  payment  of 
duty,  to  be  forfeited,  and  may  be  seized.] 

IV.  And  be  it  further  enacted  .  .  .  ,  That  from  and  after  .  .  . 
[December  25,  1733]  .  .  .  ,  no  sugars,  paneles,  syrups  or  molasses, 
of  the  growth,  product  and  manufacture  of  any  of  the  colonies 
or  plantations  in  America,  nor  any  rum  or  spirits  of  America, 
except  of  the  growth  or  manufacture  of  his  Majesty's  sugar  colo 
nies  there,  shall  be  imported  by  any  person  or  persons  whatsoever 
into  the  kingdom  of  Ireland,  but  such  only  as  shall  be  fairly  and 
bona  fide  loaden  and  shipped  in  Great  Britain  in  ships  navigated 
according  to  the  several  laws  now  in  being  in  that  behalf,  under 
the  penalty  of  forfeiting  all  such  sugar,  paneles,  syrups  or  mo 
lasses,  rum  or  spirits,  or  the  value  thereof,  together  with  the  ship 
or  vessel  in  which  the  same  shall  be  imported,  with  all  her  guns, 
tackle,  furniture,  ammunition,  and  apparel.   .   .   . 

V.  [Persons  assisting  in  the  violation  of  Sec.  IV.  to  forfeit 
treble  the  value  of  the  goods.] 

VI.  [A  penalty  of  ,£50  for  interfering  with  a  customs  officer 
in  the  discharge  of  his  duty,  and  a  like  penalty  on  any  officer 
conniving  at  fraudulent  importation.] 

VII.  [Shipmasters  permitting  such  fraudulent  importation,  to 
forfeit  £100.] 

VIII.  [In  suits,  the  onus  probandi  to  lie  on  the  claimer  or 
owner.] 

IX.  And  it  is  hereby  further  enacted  .  .  .  ,  That  in  case  any 
sugar  or  paneles  of  the  growth,  produce  or  manufacture  of  any  of 
the  colonies  or  plantations  belonging  to  or  in  the  possession  of 
his  Majesty  .  .  .  ,  which  shall  have  been  imported  into   Great 
Britain  after  the  twenty-fourth  day  of  June  one  thousand  seven 
hundred  and  thirty-three,  shall  at  any  time  within  one  year  after 
the  importation  thereof,  be  again  exported  out  of  Great  Britain, 
and  that  due  proof  be  first  made,  by  certificate  from  the  proper 
officers,  of  the  due  entry  and  payment  of  the  subsidies  or  duties 
charged  or  payable  upon  the  importation  thereof,  together  with 


1733]  TREATY  OF  AIX-LA-CHAPELLE  251 

the  oath  of  the  merchant  or  his  agent  importing  and  exporting  the 
same,  or  in  case  such  merchant  or  agent  shall  be  one  of  the  people 
called  Quakers,  by  his  solemn  affirmation  to  the  truth  thereof, 
and  that  all  other  requisites  shall  be  performed  that  are  by  law 
to  be  performed  in  cases  where  any  of  the  said  subsidies  or 
duties  are  to  be  paid  by  any  former  statute,  all  the  residue  and 
remainder  of  the  subsidy  or  duty,  by  any  former  act  or  acts  of 
parliament  granted  and  charged  on  such  sugar  or  paneles  as 
aforesaid,  shall  without  any  delay  or  reward  be  repaid  to  such 
merchant  or  merchants,  who  do  export  the  same,  within  one 
month  after  demand  thereof. 

X.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from  and  after 
the  twenty-fourth  day  of  June  one  thousand  seven  hundred  and 
thirty-three,  for  every  hundred  weight  of  sugar  refined  in  Great 
Britain  .  .  .  ,  which  shall  be  exported  out  of  this  kingdom,  there 
shall  be,'  by  virtue  of  this  act,  repaid  at  the  custom-house  to  the 
exporter,  within  one  month  after  the  demand  thereof,  over  and 
above  the  several  sums  of  three  shillings  and  one  shilling  per 
hundred,  payable  by  two  former  acts  of  parliament,  one  of  them 
made  in  the  ninth  and  tenth  years  of  the  reign  of  his  late 
Majesty  King  William  the  Third,  and  the  other  in  the  second 
and  third  years  of  the  reign  of  her  late  Majesty  Queen  Anne,  the 
further  sum  of  two  shillings,  oath  or  solemn  affirmation  as  afore 
said,  being  first  made  by  the  refiner,  that  the  said  sugar  so 
exported,  was  produced  from  brown  and  muscovado  sugar,  and 
that  as  he  verily  believes,  the  same  was  imported  from  some  of 
the  colonies  or  plantations  in  America  belonging  to  and  in  the 
possession  of  the  crown  of  Great  Britain,  and  that  as  he  verily 
believes  the  duty  of  the  said  brown  and  muscovado  sugar  was 
duly  paid  at  the  time  of  the  importation  thereof,  and  that  the 
same  was  duly  exported.  .  .  . 

*****#**#*# 


No.  51.    Treaty  of  Aix-la-Chapelle 

October  18,  1748 

THE  irregular  war  of  the  Austrian  Succession,  known  in  America  as  King 
George's  war,  followed  upon  the  attempt  of  European  powers  to  dismember 
the  possessions  of  Maria  Theresa,  to  whom,  by  the  terms  of  the  Pragmatic 


252  TREATY  OF  AIX-LA-CHAPELLE  [Oct.  18 

Sanction,  the  territories  of  the  Emperor  Charles  VI.  were  to  descend  intact. 
In  1742  Maria  Theresa  was  obliged  to  cede  Silesia  to  Frederick  II.  of  Prussia. 
When  George  II.  took  up  the  cause  of  Austria,  France  declared  war  against 
Austria  and  England,  while  Prussia  allied  itself  with  France.  In  1745,  how 
ever,  most  of  the  English  forces  were  withdrawn  from  the  continent  to  oppose 
the  Pretender  in  Scotland.  In  America,  where  the  border  settlements,  not 
withstanding  the  peace  of  Utrecht,  had  continued  to  be  the  objects  of  French 
plots  and  Indian  forays,  the  principal  event  of  the  war  was  the  capture  of 
Louisburg,  on  Cape  Breton  island,  in  June,  1745,  by  a  New  England  force 
under  Pepperell.  The  treaty  of  Aix-la-Chapelle,  by  which  conquests,  with 
the  exception  of  Silesia,  were  reciprocally  restored,  occasioned  serious  disap 
pointment  and  dissatisfaction  in  New  England,  where  the  colonies  felt  that 
they  had  been  deprived  of  the  just  fruits  of  victory.  The  parts  of  the  treaty 
relating  to  America  are  given  in  the  extracts  following. 

REFERENCES. —  Text  in  Chalmers's  Collection  of  Treaties,  I.,  424-442. 
See  Lecky's  England  in  the  Eighteenth  Century  (Amer.  ed.),  I.,  414-466  ; 
Parkman's  Half  Century  of  Conflict;  Winsor's  Narr.  and  Crit.  History,  V., 
chap.  7. 

V.  All  the  conquests,  that  have  been  made  since  the  com 
mencement  of  the  war,  or  which,  since  the  conclusion  of  the  pre 
liminary  articles,  signed  the  30th  of  April  last,  may  have  been 
or  shall  be  made,  either  in  Europe,  or  the  East  or  West  Indies, 
or  in  any  other  part  of  the  world  whatsoever,  being  to  be  restored 
without  exception,  in  conformity  to  what  was  stipulated  by  the 
said  preliminary  articles,  and  by  the  declarations  since  signed; 
the  high  contracting  parties  engage  to  give  orders  immediately 
for  proceeding  to  that  restitution.  .  .  . 

*********** 
IX.  In  consideration  that,  notwithstanding  the  reciprocal 
engagement  taken  by  the  eighteenth  article  of  the  preliminaries, 
importing  that  all  the  restitutions  and  cessions  should  be  carried 
on  equally,  and  should  be  executed  at  the  same  time,  his  most 
Christian  Majesty  engages,  by  the  sixth  article  of  the  present 
treaty,  to  restore  within  the  space  of  six  weeks,  or  sooner  if  pos 
sible,  to  be  reckoned  from  the  day  of  the  exchange  of  the  rati 
fications  of  the  present  treaty,  all  the  conquests  which  he  has 
made  in  the  Low  Countries;  whereas  it  is  not  possible,  consider 
ing  the  distance  of  the  countries,  that  what  relates  to  America 
should  be  effected  within  the  same  time,  or  even  to  fix  the  time 
of  its  entire  execution;  his  Britannic  Majesty  likewise  engages 
on  his  part  to  send  to  his  most  Christian  Majesty,  immediately 
after  the  exchange  of  the  ratifications  of  the  present  treaty,  two 


1748]  ALBANY  PLAN  OF  UNION  253 

persons  of  rank  and  consideration,  who  shall  remain  there  as 
hostages,  till  there  shall  be  received  a  certain  and  authentic 
account  of  the  restitution  of  Isle  Royal,  called  Cape  Breton,  and 
of  all  the  conquests  which  the  arms  or  subjects  of  his  Britannic 
Majesty  may  have  made,  before  or  after  the  signing  of  the  pre 
liminaries,  in  the  East  and  West  Indies. 

Their  Britannic  and  most  Christian  Majesties  oblige  themselves 
likewise  to  cause  to  be  delivered,  upon  the  exchange  of  the  rati 
fications  of  the  present  treaty,  the  duplicates  of  the  orders  ad 
dressed  to  the  commissaries  appointed  to  restore  and  receive, 
respectively,  whatever  may  have  been  conquered  on  either  side 
in  the  said  East  and  West  Indies,  agreeably  to  the  second  article 
of  the  preliminaries,  and  to  the  declarations  of  the  2ist  and  3ist 
of  May,  and  the  8th  of  July  last,  in  regard  to  what  concerns  the 
said  conquests  in  the  East  and  West  Indies.  Provided  never 
theless,  that  Isle  Royal,  called  Cape  Breton,  shall  be  restored, 
with  all  the  artillery  and  warlike  stores  which  shall  have  been 
found  therein  on  the  day  of  its  surrender,  conformably  to  the 
inventories  which  have  been  made  thereof,  and  in  the  condition 
that  the  said  place  was  in  on  the  said  day  of  its  surrender.  As  to 
the  other  restitutions,  they  shall  take  place  conformably  to  the 
meaning  of  the  second  article  of  the  preliminaries,  and  of  the 
declarations  and  convention  of  the  2ist  and  3ist  of  May,  and 
the  8th  of  July  last,  in  the  condition  in  which  things  were  on  the 
nth  of  June,  N.  S.  in  the  West  Indies,  and  on  the  3ist  of  Octo 
ber  also,  N.  S.  in  the  East  Indies.  And  everything  besides  shall 
be  re-established  on  the  foot  that  they  were  or  ought  to  be  before 
the  present  war. 


No.  52.     Albany  Plan  of  Union 

July  10,  1754 

UNDER  authority  of  a  circular  letter  from  the  Lords  of  Trade,  dated  Sept. 
1 8,  1753,  to  the  colonial  governors,  a  congress  met  at  Albany,  June  19,  1754, 
for  the  purpose  of  making  an  agreement  or  treaty  with  the  Six  Nations,  and 
of  concerting  measures  of  defence  against  the  French.  There  were  present 
four  representatives  from  New  Hampshire,  five  from  Massachusetts,  two  from 
Rhode  Island,  three  from  Connecticut,  five  from  New  York,  four  from  Penn 
sylvania,  and  two  from  Maryland.  In  addition  to  the  main  object  of  the 


254  ALBANY  PLAN  OF  UNION  ,        [July  10 

conference,  the  commissioners  from  Massachusetts  were  authorized  to  "  enter 
into  articles  of  union  and  confederation  for  the  general  defence  of  his  Maj 
esty's  subjects  and  interests  in  North  America,  as  well  in  time  of  peace  as  of 
war."  On  the  24th  the  congress  voted  unanimously  that  a  union  of  all  the 
colonies  was  "  at  present  absolutely  necessary  for  their  security  and  defence"; 
and  a  committee  of  one  from  each  colony  was  appointed  to  consider  the  vari 
ous  plans  submitted.  Certain  "  short  hints  of  a  scheme,"  reported  by  the 
committee  on  the  28th,  were  discussed  at  nearly  every  session  until  July  9, 
when  a  plan  of  union  was  agreed  upon,  and  Franklin  was  "  desired  to  make 
a  draught  of  it."  The  draft  prepared  by  Franklin  was  submitted  the  next 
day,  and,  after  debate,  adopted;  on  the  nth  the  congress  adjourned.  The  plan 
of  union  was  transmitted  to  the  assemblies  of  the  several  colonies,  but  failed 
to  receive  the  approval  of  any  of  them  ;  while  the  Lords  of  Trade  laid  it 
before  the  King  without  recommendation,  and  with  no  comment  except  that 
the  plan  was  "  complete  in  itself."  According  to  Franklin,  who  was  doubtless 
the  principal  author  of  the  plan,  "  the  crown  disapproved  of  it,  as  having  too 
much  weight  in  the  democratic  part  of  the  constitution,  and  every  assembly 
as  having  allowed  too  much  to  prerogative;  so  it  was  totally  rejected." 

REFERENCES.  —  Text  in  Documents  relative  to  the  Colonial  History  of 
New  York,  VI.,  889-891.  The  journal  of  the  congress  is  in  ib.,  853-891;  and 
also,  except  the  proceedings  of  July  n,  in  Mass.  Hist.  Coll.,  Third  Series,  V., 
5-74.  The  text  of  the  plan  in  Franklin's  Works  (Sparks's  ed.),  III.,  36-55, 
is  accompanied  by  extended  comments  on  the  several  articles  ;  see  also  ib., 
22-36,  56-68.  The  best  account  of  the  congress  is  in  Frothingham's  Rise  of 
the  Republic,  chap.  4.  Frothingham  discusses  at  length  the  earlier  plans  of 
union,  and  gives  a  list  of  important  colonial  congresses  ;  see  further,  on  this 
topic,  bibliographical  notes  in  Winsor's  Narr.  and  Crit.  Hist.,  V.,  611-614. 
Texts  of  a  number  of  plans  are  collected  in  Amer.  History  Leaflets,  No.  14. 

PLAN  of  a  proposed  UNION  of  the  several  Colonies  of  Massachu 
setts  Bay,  New  Hampshire,  Connecticut,  Rhode  Island,  New 
York,  New  Jerseys,  Pennsylvania,  Maryland,  Virginia,  North 
Carolina,  and  South  Carolina,  for  their  mutual  defence  and 
security,  and  for  extending  the  British  Settlements  in  North 
America. 

That  humble  application  be  made  for  an  Act  of  the  Parliament 
of  Great  Brittain,  by  virtue  of  which,  one  General  Government 
may  be  formed  in  America,  including  all  the  said  Colonies, 
within,  and  under  which  Government  each  Colony  may  retain 
its  present  constitution,  except  in  the  particulars  wherein  a 
charge  {change}  may  be  directed  by  the  said  Act,  as  hereafter 
follows. 

That  the  said  General  Government  be  administered  by  a  presi 
dent  General,  to  be  appointed  &  supported  by  the  Crown,  and  a 


1754]  ALBANY   PLAN   OF   UNION  255 

grand  Council  to  be  chosen  by  the  representatives  of  the  people 
of  the  several  Colonies,  meet  \itiei\  in  their  respective  assemblies. 
That  within  Months  after  the  passing  of  such  Act,  The  house 
of  representatives  in  the  several  Assemblies,  that  Happen  to  be 
sitting  within  that  time  or  that  shall  be  specially  for  that  purpose 
convened,  may  and  shall  chose,  Members  for  the  Grand  Council 
in  the  following  proportions,  that  is  to  say : 

Massachusetts  Bay 7. 

New  Hampshire 2. 

Connecticut 5. 

Rhode  Island 2. 

New  York 4. 

New  Jerseys 3. 

Pennsylvania 6. 

Maryland 4. 

Virginia 7. 

North  Carolina 4. 

South  Carolina 4. 

48. 

Who  shall  meet  for  the  present  time  at  the  City  of  Philadelphia 
in  Pennsylvania,  being  called  by  the  President  General  as  soon 
as  conveniently  may  be  after  his  appointment. 

That  there  shall  be  a  New  Election  of  the  Members  of  the 
Grand  Council  every  three  years,  and  on  the  death  or  resignation 
of  any  Member,  his  place  should  be  supplyed  by  a  new  choice  at 
the  next  sitting  of  the  Assembly  of  the  Colony  he  represented. 

That  after  the  first  three  years,  when  the  proportion  of  money 
arising  out  of  each  Colony  to  the  General  Treasury  can  be  known, 
the  number  of  Members  to  be  chosen,  for  each  Colony  shall  from 
time  to  time  in  all  ensuing  Elections  be  regulated  by  that  propor 
tion  (yet  so  as  that  the  Number  to  be  chosen  by  any  one  province 
be  not  more  than  seven  nor  less  than  two). 

That  the  Grand  Council  shall  meet  once  in  every  year,  and 
oftener  if  occasion  require,  at  such  time  and  place  as  they  shall 
adjourn  to  at  the  last  preceeding  meeting,  or  as  they  shall  be 
called  to  meet  at  by  the  President  General,  on  any  emergency, 
he  having  first  'obtained  in  writing  the  consent  of  seven  of  the 
Members  to  such  call,  and  sent  due  and  timely  notice  to  the 
whole. 


256  ALBANY  PLAN  OF  UNION  [July  10 

That  the  Grand  Council  have  power  to  chuse  their  speaker, 
and  shall  neither  be  dissolved  prorogued,  nor  continue  sitting 
longer  than  six  weeks  at  one  time  without  their  own  consent, 
or  the  special  command  of  the  Crown. 

That  the  Members  of  the  Grand  Council  shall  be  allowed  for 
their  service  ten  shillings  sterling  per  diem,  during  their  Sessions 
or  [and]  Journey  to  and  from  the  place  of  Meeting;  twenty  miles 
to  be  reckoned  a  days  Journey. 

That  the  Assent  of  the  President  General  be  requisite  to  all 
Acts  of  the  Grand  Council,  and  that  it  be  his  Office  and  duty  to 
cause  them  to  be  carried  into  execution. 

That  the  President  General  with  the  advice  of  the  Grand 
Council,  hold  or  direct  all  Indian  Treaties  in  which  the  general 
interest  of  the  Colonys  may  be  concerned;  and  make  peace  or 
declare  War  with  Indian  Nations.  That  they  make  such  Laws  as 
they  judge  necessary  for  the  regulating  all  Indian  Trade.  That 
they  make  all  purchases  from  Indians  for  the  Crown,  of  lands  not 
[now]  within  the  bounds  of  particular  Colonies,  or  that  shall  not 
be  within  their  bounds  when  some  of  them  are  reduced  to  more 
convenient  dimensions.  That  they  make  new  settlements  on  such 
purchases  by  granting  Lands,  [in  the  King's  name]  reserving  a 
Quit  rent  to  the  Crown,  for  the  use  of  the  General  Treasury. 

That  they  make  Laws  for  regulating  &  governing  such  new 
settlements,  till  the  Crown  shall  think  fit  to  form  them  into  par 
ticular  Governments. 

That  they  raise  and  pay  Soldiers,  and  build  Forts  for  the 
defence  of  any  of  the  Colonies,  and  equip  vessels  of  Force  to 
guard  the  Coasts  and  protect  the  Trade  on  the  Ocean,  Lakes,  or 
great  Rivers;  but  they  shall  not  impress  men  in  any  Colonies 
without  the  consent  of  its  Legislature.  That  for  these  purposes 
they  have  power  to  make  Laws  and  lay  and  Levy  such  general 
duties,  imposts  or  taxes,  as  to  them  shall  appear  most  equal  and 
just,  considering  the  ability  and  other  circumstances  of  the 
Inhabitants  in  the  several  Colonies,  and  such  as  may  be  col 
lected  with  the  least  inconvenience  to  the  people,  rather  discour 
aging  luxury,  than  loading  Industry  with  unnecessary  burthens.— 
That  they  might  appoint  a  General  Treasurer  and  a  particular 
Treasurer  in  each  Government  when  necessary,  and  from  time  to 
time  may  order  the  sums  in  the  Treasuries  of  each  Government, 
into  the  General  Treasury,  or  draw  on  them  for  special  payments 


1754]  ALBANY   PLAN  OF  UNION  257 

as  they  find  most  convenient;  yet  no  money  to  issue  but  by  joint 
orders  of  the  President  General  and  Grand  Council,  except  where 
sums  have  been  appropriated  to  particular  purposes,  and  the 
President  General  is  previously  impowered  by  an  Act  to  draw  for 
such  sums. 

That  the  General  accounts  shall  be  yearly  settled  and  reported 
to  the  several  Assemblies. 

That  a  Quorum  of  the  Grand  Council  impowered  to  act  with 
the  President  General,  do  consist  of  twenty  five  Members,  among 
whom  there  shall  be  one  or  more  from  a  majority  of  the  Colonies. 
That  the  laws  made  by  them  for  the  purposes  aforesaid,  shall  not 
be  repugnant,  but  as  near  as  may  be  agreeable  to  the  Laws  of 
England,  and  shall  be  transmitted  to  the  King  in  Council  for 
approbation,  as  soon  as  may  be  after  their  passing,  and  if  not 
disapproved  within  three  years  after  presentation  to  remain  in 
Force. 

That  in  case  of  the  death  of  the  President  General,  the  Speaker 
of  the  Grand  Council  for  the  time  being  shall  succeed,  and  be 
vested  with  the  same  powers  and  authority,  to  continue  until  the 
King's  pleasure  be  known. 

That  all  Military  Commission  Officers,  whether  for  land  or  sea 
service,  to  act  under  this  General  constitution,  shall  be  nominated 
by  the  President  General,  but  the  aprobation  of  the  Grand  Coun 
cil  is  to  be  obtained  before  they  receive  their  Commissions;  and 
all  Civil  Officers  are  to  be  nominated  by  the  Grand  Council,  and 
to  receive  the  President  General's  approbation  before  the  offici 
ate  ;  but  in  case  of  vacancy  by  death  or  removal  of  any  Officer 
Civil  or  Military  under  this  constitution,  The  Governor  of  the 
Province  in  which  such  vacancy  happens,  may  appoint  till  the 
pleasure  of  the  President  General  and  Grand  Council  can  be 
known.  — That  the  particular  Military  as  well  as  Civil  establish 
ments  in  each  Colony  remain  in  their  present  State  this  General 
constitution  notwithstanding.  And  that  on  sudden  emergencies 
any  Colony  may  defend  itself,  and  lay  the  accounts  of  expence 
thence  arisen,  before  the  President  General  and  Grand  Council, 
who  may  allow  and  order  payment  of  the  same  as  far  as  they 
judge  such  accounts  just  and  reasonable. 


258  WRIT  OF  ASSISTANCE  [December  2 

No.  53.    Writ  of  Assistance 

December  2,  1762 

IN  1755  a  writ  of  assistance,  granting  authority  to  search  for  and  seize 
uncustomed  goods,  was  issued  by  the  Superior  Court  of  Massachusetts  to 
Charles  Paxton,  surveyor  of  the  port  of  Boston.  Similar  writs  were  issued  in 
1758  to  the  collectors  at  Salem  and  I^almouth,  in  1759  to  the  surveyor-general, 
and  the  collectors  at  Boston  and  Newburyport,  and  in  1760  to  the  collectors 
at  Boston  and  Salem.  By  law  the  writs  continued  until  the  demise  of  the 
Crown,  and  for  six  months  thereafter.  In  1761  the  former  writs,  by  reason  of 
the  death  of  George  II.,  being  about  to  expire,  the  surveyor-general,  Thomas 
Lechmere,  made  application  to  the  court  for  the  grant  of  such  writs  to  him 
self  and  his  officers  "  as  usual."  On  this  application  a  number  of  merchants 
of  Boston,  and  others,  petitioned  to  be  heard.  The  application  was  argued 
at  Boston,  at  the  February  term,  Jeremiah  Gridley  appearing  for  Lechmere, 
and  James  Otis  and  Oxenbridge  Thacher  for  the  petitioners  and  against  the 
writ.  Judgment  was  suspended  in  order  that  the  court  might  examine  the 
practice  in  England.  November  18,  at  the  second  term,  the  case  was  again 
argued  by  the  same  counsel,  with  the  addition  of  Robert  Auchmuty  in  favor 
of  the  writ.  The  judges  were  unanimous  in  their  opinion  that  the  writ  should 
be  granted,  as  prayed  for,  and  December  2  a  writ  was  issued  to  Paxton  in 
the  form  following.  March  6,  1762,  a  bill  "authorizing  any  judge  or  justice 
of  the  peace,  upon  information  on  oath  by  any  officer  of  the  customs,  to  issue 
a  special  writ  or  warrant  of  assistance,  and  prohibiting  all  others,"  passed  the 
General  Court;  but  the  governor,  on  the  advice  of  the  members  of  the  Supe 
rior  Court,  withheld  his  approval.  Writs  of  assistance  do  not  appear  to  have 
been  granted  elsewhere  in  the  colonies,  except  in  New  Hampshire  ;  they 
were,  however,  legalized  by  the  Townshend  Revenue  Act  of  1767  [No.  63]. 
General  warrants  were  condemned  in  England  in  1 766,  but  general  writs  of 
assistance  continued  to  be  issued  until  1819,  when  an  order  of  the  Board  of 
Customs  practically  abolished  them. 

In  the  manuscript  from  which  the  writ  following  is  printed,  the  words  in 
brackets  are  interlined,  and  those  in  italics  erased.  The  writ  was  drawn  by 
Thomas  Hutchinson,  the  chief  justice. 

REFERENCES.  —  Text  in  Quincy's  Massachusetts  Reports,  418-421,  where 
is  also,  pp.  395-540,  an  exhaustive  examination  of  the  whole  subject  by  Justice 
Horace  Gray.  Otis's  argument  at  the  February  term,  as  reported  by  John 
Adams,  is  in  the  latter's  Works,  II.,  521-525;  the  second  argument,  in  No 
vember,  is  in  Quincy,  ut  supra,  51-57.  The  earlier  accounts,  especially  those 
in  Adams's  Works,  II.,  124,  note  ;  X.,  246-249,  274-276  ;  Tudor's  Otis,  and 
Minot's  Massachusetts,  must  be  read  in  the  light  of  Gray's  notes,  above. 


1762]  WRIT  OF  ASSISTANCE  259 

Prov    of  )        GEORGE  the  third  by  the  grace  of  God  of 

>T     „"  T)  £    Great   Britain  France  &  Ireland  King  De- 

)    fender  of  the  faith  &ca. 

To  ALL  &  singular  our  Justices  of  the 
peace  Sheriffs  Constables  and  to  all  other 
our  Officers  and  Subjects  within  our  said 
Province  and  to  each  of  you  Greeting. 

KNOW  YE  that  whereas  in  and  by  an  Act  of  Parliament  made 
in  the  //«>[four]teenth  year  of  [the  reign  of]  the  late  King 
Charles  the  second  //  is  declared  to  be  [the  Officers  of  our  Customs 
&  their  Deputies  are  authorized  and  impowered  to  go  &  enter 
aboard  any  Ship  or  Vessel  outward  or  inward  bound  for  the  pur 
poses  in  the  said  Act  mentioned  and  it  is  also  in  &  by  the  said 
Act  further  enacted  &  declared  that  it  shall  be]  lawful  [to  or]  for 
any  person  or  persons  authorized  by  Writ  of  assistants  under  the 
seal  of  our  Court  of  Exchequer  to  take  a  Constable  Headborough 
or  other  publick  Officer  inhabiting  near  unto  the  place  and  in  the 
day  time  to  enter  &  go  into  any  House  Shop  Cellar  Warehouse  or 
Room  or  other  place  and  in  case  of  resistance  to  break  open 
doors  chests  trunks  &  other  package  there  to  seize  and  from 
thence  to  bring  any  kind  of  goods  or  merchandize  whatsoever 
prohibited  &  uncustomed  and  to  put  and  secure  the  same  in  his 
Majestys  [our]  Storehouse  in  the  port  next  to  the  place  where 
such  seizure  shall  be  made. 

AND  WHEREAS  in  &  by  an  Act  of  Parliament  made  in  the  seventh 
&  eighth  year  of  [the  reign  of  the  late]  King  William  the  third 
there  is  granted  to  the  Officers  for  collecting  and  managing  our 
revenue  and  inspecting  the  plantation  trade  in  any  of  our  planta 
tions  [the  same  powers  &  authority  for  visiting  &  searching  of 
Ships  &  also]  to  enter  houses  or  warehouses  to  search  for  and 
seize  any  prohibited  or  uncustomed  goods-  as  are  provided  for 
the  Officers  of  our  Customs  in  England  by  the  said  last  men 
tioned  Act  made  in  the  fourteenth  year  of  [the  reign  of]  King 
Charles  the  Second,  and  the  like  assistance  is  required  to  be 
given  to  the  said  Officers  in  the  execution  of  their  office  as  by 
the  said  last  mentioned  Act  is  provided  for  the  Officers  in 
England. 

AND  WHEREAS  in  and  by  an  Act  of  our  said  Province  of  Massa 
chusetts  bay  made  in  the  eleventh  year  of  [the  reign  of]  the  late 


260  WRIT   OF   ASSISTANCE  [December   2 

King  William  the  third  it  is  enacted  &  declared  that  our  Superior 
Court  of  Judicature  Court  of  Assize  and  General  Goal  delivery 
for  our  said  Province  shall  have  cognizance  of  all  matters  and 
things  within  our  said  Province  as  fully  &  amply  to  all  intents 
&  purposes  as  our  Courts  of  King's  Bench  Common  Pleas  & 
Exchequer  within  our  Kingdom  of  England  have  or  ought  to 
have. 

AND  WHEREAS  our  Commissioners  for  managing  and  causing 
to  be  levied  &  collected  our  customs  subsidies  and  other  duties 
have  [by  Commission  or  Deputation  under  their  hands  &  seal 
dated  at  London  the  22d  day  of  May  in  the  first  year  of  our 
Reign]  deputed  and  impowered  Charles  Paxton  Esquire  to  be 
Surveyor  &  Searcher  of  all  the  rates  and  duties  arising  and  grow 
ing  due  to  us  at  Boston  in  our  Province  aforesaid  and  [in  &  by 
said  Commission  or  Deputation]  have  given  him  power  to  enter 
into  [any  Ship  Bottom  Boat  or  other  Vessel  &  also  into]  any 
Shop  House  Warehouse  Hostery  or  other  place  whatsoever  to 
make  diligent  search  into  any  trunk  chest  pack  case  truss  or  any 
other  parcell  or  package  whatsoever  for  any  goods  wares  or  mer 
chandize  prohibited  to  be  imported  or  exported  or  whereof  the 
Customs  or  other  Duties  have  not  been  duly  paid  and  the  same 
to  seize  to  our  use  In  all  things  proceeding  as  the  Law  directs. 

THEREFORE  we  strictly  Injoin  &  Command  you  &  every  one  of 
you  that,  all  excuses  apart,  you  &  every  one  of  you  permit  the 
said  Charles  Paxton  according  to  the  true  intent  &  form  of  the 
said  commission  or  deputation  and  the  laws  &  statutes  in  that 
behalf  made  &  provided,  [as  well  by  night  as  by  day  from  time 
to  time  to  enter  &  go  on  board  any  Ship  Boat  or  other  Vessel 
riding  lying  or  being  within  or  coming  to  the  said  port  of  Boston 
or  any  Places  or  Creeks  thereunto  appertaining  such  Ship  Boat 
or  Vessel  then  &  there  found  to  search  &  oversee  and  the  persons 
therein  being  strictly  to  examine  touching  the  premises  aforesaid 
&  also  according  to  the  form  effect  and  true  intent  of  the  said  com 
mission  or  deputation^  in  the  day  time  to  enter  &  go  into  the 
vaults  cellars  warehouses  shops  &  other  places  where  any  pro 
hibited  goods  wares  or  merchandizes  or  any  goods  wares  or 
merchandizes  for  which  the  customs  or  other  duties  shall  not 
have  been  duly  &  truly  satisfied  and  paid  lye  concealed  or  are 
suspected  to  be  concealed,  according  to  the  true  intent  of  the 
law  to  inspect  &  oversee  &  search  for  the  said  goods  wares  & 


1762]  TREATY  OF  PARIS  26 1 

merchandize,  And  further  to  do  and  execute  all  things  which 
of  right  and  according  to  the  laws  &  statutes  in  this  behalf  shall 
be  to  be  done.  And  we  further  strictly  INJOIN  &  COMMAND  you 
and  every  one  of  you  that  to  the  said  Charles  Paxton  Esqr  you 
&  every  one  of  you  from  time  to  time  be  aiding  assisting  & 
helping  in  the  execution  of  the  premises  as  is  meet.  And  this 
you  or  any  of  [you]  in  no  wise  omit  at  your  perils.  WITNESS 
Thomas  Hutchinson  Esq  at  Boston  the  day  of  December  in 

the  Second  year  of  our  Reign  Annoque  Dom  1761. 

By  order  of  Court 
N.  H.*  Cler. 


No.  54.    Treaty  of  Paris 

February  10,  1763 

THE  Ohio  and  Mississippi  valleys,  claimed  by  the  French  in  right  of  ex 
ploration  and  colonization,  were  also  claimed  by  the  English  under  early 
colonial  grants  and  charters  ;  and  these  conflicting  claims  the  boundary  com 
missioners,  appointed  under  the  treaty  of  Aix-la-Chapelle,  had  been  unable  to 
reconcile.  The  Seven  Years'  war,  known  in  America  as  the  P>ench  and 
Indian  war,  began  two  years  before  the  declaration  of  war  by  England  against 
France  formally  opened  hostilities  in  Europe.  Washington's  unsuccessful 
expedition  against  Fort  Duquesne,  in  1754,  was  followed  in  1755  by  the  defeat 
of  Braddock,  and  the  failure  of  the  contemplated  attack  upon  Canada;  but 
some  French  forts  in  Nova  Scotia  were  taken,  and  the  Acadians  deported. 
The  campaigns  of ^75 6  and  1757  were  also  without  substantial  results  for  the 
English.  The  energy~bf  Pitt,  whom  Newcastle  was  obliged,  in  June,  1757,  to 
receive  into  the  ministry  as  secretary  of  state,  turned  the  tide.  In  1758,  Louis- 
burg,  Niagara  and  Fort  Duquesne  were  taken;  in  September,  1759,  Quebec 
fell  ;  and  with  the  surrender  of  Montreal,  in  1760,  the  French  power  in 
America  came  to  an  end.  The  war  in  Europe  went  on  for  three  years  longer. 
In  June,  1761,  at  the  instance  of  France,  negotiations  for  peace  were  opened; 
but  the  signature  of  the  "  family  compact  "  between  France  and  Spain,  in 
August,  caused  them  to  be  broken  off.  Pitt  urged  immediate  war  with  Spain; 
but  his  views  were  not  supported  by  the  ministry,  and  he  resigned.  War 
against  Spain  was,  however,  declared  in  1762,  and  English  forces  took  Havana 
and  Manila.  In  September,  negotiations  were  resumed  ;  on  November  3, 
preliminaries  of  peace  were  signed  at  Fontainebleau;  and  on  February  10, 
1763,  the  treaty  was  concluded  at  Paris.  The  articles  relating  to  America  are 
given  in  the  extracts  following.  In  compensation  for  the  loss  of  Florida,  Spain 
received  from  France  so  much  of  Louisiana  as  lay  west  of  the  Mississippi 
river,  including  both  sides  of  the  river  at  its  mouth. 

REFERENCES. —  Text  in   Chalmers's    Collection   of  Treaties,  I.,  467-483. 

*  Nathaniel  Hatch,  one  of  the  clerks  of  court. 


262  TREATY  OF  PARIS  [February  10 

On  the  war,  see  Mahon's  History  of  England  from  the  Peace  of  Utrecht,  II., 
chaps.  32-38;  Lecky's  England  in  the  Eighteenth  Century,  II.,  chap.  8;  III., 
chap.  10;  Parkman's  Montcalm  and  Wolfe ;  Winsor's  Narr.  and  Crit.  Hist., 
V.,  chap.  8. 

IV.  His  most  Christian  Majesty  renounces  all  pretensions, 
which  he  has  heretofore  formed,  or  might  form,  to  Nova  Scotia 
or  Acadia,  in  all  its  parts,  and  guaranties  the  whole  of  it,  and 
with  all  its  dependencies,  to  the  King  of  Great  Britain :  more 
over,  his  most  Christian  Majesty  cedes  and  guaranties  to  his  said 
Britannic  Majesty,  in  full  right,  Canada,  with  all  its  dependen 
cies,  as  well  as  the  Island  of  Cape  Breton,  and  all  the  other 
islands  and  coasts  in  the  gulph  and  river  St.  Laurence,  and,  in 
general,  every  thing  that  depends  on  the  said  countries,  lands, 
islands,  and  coasts,  with  the  sovereignty,  property,  possession, 
and  all  rights,  acquired  by  treaty  or  otherwise,  which  the  most 
Christian  King,  and  the  crown  of  France,  have  had  till  now  over 
the  said  countries,  islands,  lands,  places,  coasts,  and  their  inhabi 
tants,  so  that  the  most  Christian  King  cedes  and  makes  over  the 
whole  to  the  said  King,  and  to  the  crown  of  Great  Britain,  and 
that  in  the  most  ample  manner  and  form,  without  restriction, 
and  without  any  liberty  to  depart  from  the  said  cession  and 
guaranty,  under  any  pretence,  or  to  disturb  Great  Britain  in  the 
possessions  above-mentioned.     His  Britannic  Majesty,   on  his 
side,  agrees  to  grant  the  liberty  of  the  Catholic  religion  to  the 
inhabitants  of  Canada :  he  will  consequently  give  the  most  pre 
cise  and  most  effectual  orders,   that  his  new  Roman  Catholic 
subjects  may  profess  the  worship  of  their  religion,  according  to 
the  rites  of  the  Romish  church,  as  far  as  the  laws  of  Great  Britain 
permit.     His  Britannic  Majesty  further  agrees,  that  the  French 
inhabitants,  or  others  who  had  been  subjects  of  the  most  Chris 
tian  King  in  Canada,  may  retire,  with  all  safety  and  freedom, 
wherever  they  shall  think  proper,  and  may  sell  their  estates, 
provided  it  be  to  subjects  of  his  Britannic  Majesty,  and  bring 
away  their  effects,  as  well  as  their  persons,  without  being  re 
strained   in  their  emigration,  under  any  pretence  whatsoever, 
except  that  of  debts,  or  of  criminal  prosecutions :  the  term  limited 
for  this  emigration  shall  be  fixed  to  the  space  of  eighteen  months, 
to  be  computed  from  the  day  of  the  exchange  of  the  ratifications 
of  the  present  treaty. 

V.  The  subjects  of  France  shall  have  the  liberty  of  fishing  and 


1763]  TREATY  OF  PARIS  263 

drying,  on  a  part  of  the  coasts  of  the  Island  of  Newfoundland, 
such  as  it  is  specified  in  the  Xlllth  article  of  the  treaty  of 
Utrecht;  which  article  is  renewed  and  confirmed  by  the  present 
treaty  (except  what  relates  to  the  island  of  Cape  Breton,  as  well 
as  to  the  other  islands  and  coasts  in  the  mouth  and  in  the  gulph 
of  St.  Laurence:)  and  his  Britannic  Majesty  consents  to  leave 
to  the  subjects  of  the  most  Christian  King  the  liberty  of  fishing 
in  the  gulph  St.  Laurence,  on  condition  that  the  subjects  of 
France  do  not  exercise  the  said  fishery  but  at  the  distance  of 
three  leagues  from  all  the  coasts  belonging  to  Great  Britain,  as 
well  those  of  the  continent,  as  those  of  the  islands  situated  in  the 
said  gulph  of  St.  Laurence.  And  as  to  what  relates  to  the  fishery 
on  the  coasts  of  the  island  of  Cape  Breton  out  of  the  said  gulph, 
the  subjects  of  the  most  Christian  King  shall  not  be  permitted 
to  exercise  the  said  fishery  but  at  the  distance  of  fifteen  leagues 
from  the  coasts  of  the  island  of  Cape  Breton;  and  the  fishery 
on  the  coasts  of  Nova  Scotia  or  Acadia,  and  every  where  else  out 
of  the  said  gulph,  shall  remain  on  the  foot  of  former  treaties. 

VI.  The  King  of  Great  Britain  cedes  the  islands  of  St.  Pierre 
and  Miquelon,  in  full  right,  to  his  most  Christian  Majesty,  to 
serve  as  a  shelter  to  the  French  fishermen:  and  his  said  most 
Christian  Majesty  engages  not  to  fortify  the  said  islands;    to 
erect  no  building  upon  them,  but  merely  for  the  convenience  of 
the  fishery;  and  to  keep  upon  them  a  guard  of  fifty  men  only  for 
the  police. 

VII.  In   order   to   re-establish   peace  on  solid  and  durable 
foundations,  and  to  remove  for  ever  all  subject  of  dispute  with 
regard  to  the  limits  of  the  British  and  French  territories  on  the 
continent  of  America;  it  is  agreed,  that,  for  the  future,  the  con 
fines  between  the  dominions  of  his  Britannic  Majesty,  and  those 
of  his  most  Christian  Majesty,  in  that  part  of  the  world,  shall  be 
fixed  irrevocably  by  a  line  drawn  along  the  middle  of  the  river 
Mississippi,   from   its   source   to   the   river  Iberville,   and   from 
thence,  by  a  line  drawn  along  the  middle  of  this  river,  and  the 
lakes  Maurepas  and  Pontchartrain,  to  the  sea;  and  for  this  purpose, 
the  most  Christian  King  cedes  in  full  right,  and  guaranties  to  his 
Britannic  Majesty,  the  river  and  port  of  the  Mobile,  and  every 
thing  which  he  possesses,  or  ought  to  possess,  on  the  left  side  of 
the  river  Mississippi,  except  the  town  of  New  Orleans,  and  the 
island  on  which  it  is  situated,  which  shall  remain  to  France; 


264  TREATY   OF  PARIS  [February  10 

provided  that  the  navigation  of  the  river  Mississippi  shall  be 
equally  free,  as  well  to  the  subjects  of  Great  Britain  as  to  those 
of  France,  in  its  whole  breadth  and  length,  from  its  source  to 
the  sea,  and  expresly  that  part  which  is  between  the  said  island 
of  New  Orleans  and  the  right  bank  of  that  river,  as  well  as  the 
passage  both  in  and  out  of  its  mouth.  It  is  further  stipulated, 
that  the  vessels  belonging  to  the  subjects  of  either  nation  shall 
not  be  stopped,  visited,  or  subjected  to  the  payment  of  any  duty 
whatsoever.  The  stipulations,  inserted  in  the  IVth  article,  in 
favour  of  the  inhabitants  of  Canada,  shall  also  take  place  with 
regard  to  the  inhabitants  of  the  countries  ceded  by  this  article. 

VIII.  The  King  of  Great  Britain  shall  restore  to  France  the 
islands  of  Guadeloupe,  of  Marie  Galante,  of  Desirade,  of  Mar- 
tinico,  and  of  Belleisle;  and  the  fortresses  of  these  islands  shall 
be  restored  in  the  same  condition  they  were  in  when  they  were 
conquered  by  the  British  arms;  provided  that  his  Britannic 
Majesty's  subjects,  who  shall  have  settled  in  the  said  islands,  or 
those  who  shall  have  any  commercial  affairs  to  settle  there,  or  in 
the  other  places  restored  to  France  by  the  present  treaty,  shall 
have  liberty  to  sell  their  lands  and  their  estates,  to  settle  their 
affairs,  to  recover  their  debts,  and  to  bring  away  their  effects,  as 
well  as  their  persons,  on  board  vessels,  which  they  shall  be  per 
mitted  to  send  to  the  said  islands,  and  other  places  restored  as 
above,  and  which  shall  serve  for  this  use  only,  without  being 
restrained  on  account  of  their  religion,  or  under  any  other  pre 
tence  whatsoever,  except  that  of  debts  or  of  criminal  prosecu 
tions:  and  for  this  purpose,  the  term  of  eighteen  months  is 
allowed  to  his  Britannic  Majesty's  subjects,  to  be  computed  from 
the  day  of  the  exchange  of  the  ratifications  of  the  present  treaty; 
but,  as  the  liberty,  granted  to  his  Britannic  Majesty's  subjects, 
to  bring  away  their  persons  and  their  effects,  in  vessels  of  their 
nation,  may  be  liable  to  abuses,  if  precautions  were  not  taken  to 
prevent  them;  it  has  been  expresly  agreed  between  his  Britannic 
Majesty  and  his  most  Christian  Majesty,  that  the  number  of 
English  vessels,  which  shall  have  leave  to  go  to  the  said  islands 
and  places  restored  to  France,  shall  be  limited,  as  well  as  the 
number  of  tons  of  each  one;  that  they  shall  go  in  ballast;  shall 
set  sail  at  a  fixed  time;  and  shall  make  one  voyage  only,  all  the 
effects,  belonging  to  the  English,  being  to  be  embarked  at  the 
same  time.  It  has  been  further  agreed,  that  his  most  Christian 


1763]  TREATY  OF  PARIS  265 

Majesty  shall  cause  the  necessary  passports  to  be  given  to  the 
said  vessels;  that,  for  the  greater  security,  it  shall  be  allowed  to 
place  two  French  clerks,  or  guards,  in  each  of  the  said  vessels, 
which  shall  be  visited  in  the  landing  places  and  ports  of  the  said 
islands,  and  places,  restored  to  France,  and  that  the  merchandise, 
which  shall  be  found  therein,  shall  be  confiscated. 

IX.  The  most  Christian  King  cedes  and  guaranties  to  his 
Britannic  Majesty,  in  full  right,  the  islands  of  Grenada,  and  of 
the  Grenadines,  with  the  same  stipulations  in  favour  of  the  in 
habitants  of  this  colony,  inserted  in  the  IVth  article  for  those  of 
Canada :  and  the  partition  of  the  islands,  called  Neutral,  is  agreed 
and  fixed,  so  that  those  of  St.  Vincent,  Dominica,  and  Tobago, 
shall  remain  in  full  right  to  Great  Britain,  and  that  of  St.  Lucia 
shall  be  delivered  to  France,  to  enjoy  the  same  likewise  in  full 
right;  and  the  high  contracting  parties  guaranty  the  partition  so 
stipulated. 

*********** 

XVII.  His  Britannic  Majesty  shall  cause  to  be  demolished  all 
the  fortifications  which  his  subjects  shall  have  erected  in  the 
Bay  of  Honduras,  and  other  places  of  the  territory  of  Spain  in 
that  part  of  the  world,  four  months  after  the  ratification  of  the 
present  treaty:  and  his  Catholic  Majesty  shall  not  permit  his 
Britannic  Majesty's  subjects,  or  their  workmen,  to  be  disturbed 
or  molested,  under  any  pretence  whatsoever,  in  the  said  places, 
in  their  occupation  of  cutting,  loading,  and  carrying  away  log 
wood  :  and  for  this  purpose,  they  may  build  without  hinderance, 
and  occupy  without  interruption,  the  houses  and  magazines  which 
are  necessary  for  them,  for  their  families,  and  for  their  effects : 
and  his  Catholic  Majesty  assures  to  them,  by  this  article,  the  full 
enjoyment  of  those  advantages,  and  powers,  on  the  Spanish  coasts 
and  territories,  as  above  stipulated,  immediately  after  the  ratifi 
cation  of  the  present  treaty. 

XVIII.  His  Catholic  Majesty  desists,  as  well  for  himself,  as 
for  his   successors,    from    all   pretension,   which  he    may   have 
formed,  in  favour  of  the  Guipuscoans,  and  other  his  subjects,  to 
the  right  of  fishing  in  the  neighbourhood  of  the  island  of  New 
foundland. 

XIX.  The  King  of  Great  Britain  shall  restore  to  Spain  all  the 
territory,  which  he  has  conquered  in  the  island  of  Cuba,  with  the 
fortress  of  the  Havana,  and  this  fortress,  as  well  as  all  the  other 


266  TREATY   OF   PARIS  [February  10 

fortresses  of  the  said  island,  shall  be  restored  in  the  same  con 
dition  they  were  in  when  conquered  by  his  Britannic  Majesty's 
arms;  [with  conditions  and  restrictions,  as  to  persons  and  prop 
erty,  similar  to  those  in  Art.  VIII.] 

XX.  In  consequence  of  the  restitution  stipulated  in  the  pre 
ceding  article,  his  Catholic  Majesty  cedes  and  guaranties,  in  full 
right,  to  his  Britannic  Majesty,  Florida,  with  Fort  St.  Augustin, 
and  the  Bay  of  Pensacola,  as  well  as  all  that  Spain  possesses  on 
the  continent  of  North  America,  to  the  east,  or  to  the  south-east, 
of  the  river  Mississippi;  and,  in  general,  every  thing  that  depends 
on  the  said  countries,  and  lands,  with  the  sovereignty,  property, 
possession,  and  all  rights,  acquired  by  treaties  or  otherwise, 
which  the  Catholic  King,  and  the  crown  of  Spain,  have  had,  till 
now,  over  the  said  countries,  lands,  places,  and  their  inhabitants; 
so  that  the  Catholic  King  cedes  and  makes  over  the  whole  to  the 
said  King,  and  to  the  crown  of  Great  Britain,  and  that  in  the 
most  ample  manner  and  form.  His  Britannic  Majesty  agrees, 
on  his  side,  to  grant  to  the  inhabitants  of  the  countries,  above 
ceded,  the  liberty  of  the  Catholic  religion :  he  will  consequently 
give  the  most  express  and  the  most  effectual  orders,  that  his  new 
Roman  Catholic  subjects  may  profess  the  worship  of  their  reli 
gion,  according  to  the  rites  of  the  Romish  church,  as  far  as  the 
laws  of  Great  Britain  permit:  his  Britannic  Majesty  further 
agrees,  that  the  Spanish  inhabitants,  or  others,  who  had  been 
subjects  of  the  Catholic  King  in  the  said  countries,  may  retire, 
with  all  safety  and  freedom,  wherever  they  think  proper;  and 
may  sell  their  estates,  provided  it  be  to  his  Britannic  Majesty's 
subjects,  and  bring  away  their  effects,  as  well  as  their  persons, 
without  being  restrained  in  their  emigration,  under  any  pretence 
whatsoever,  except  that  of  debts,  or  of  criminal  prosecutions: 
the  term  limited  for  this  emigration  being  fixed  to  the  space  of 
eighteen  months,  to  be  computed  from  the  day  of  the  exchange 
of  the  ratifications  of  the  present  treaty.  It  is  moreover  stipu 
lated,  that  his  Catholic  Majesty  shall  have  power  to  cause  all  the 
effects,  that  may  belong  to  him,  to  be  brought  away,  whether 
it  be  artillery  or  other  things. 


1763]      ROYAL   PROCLAMATION   CONCERNING  AMERICA        267 

No.  55.    Royal  Proclamation  concerning 
America 

October  7,  1763 

THE  principal  objects  of  the  royal  proclamation  of  1763  were,  to  provide 
for  the  government  of  the  British  possessions  in  America  which  had  been 

acquired  by  the  treaty  of  Paris;   to  define  certain  interior  boundaries;   and  to.- 
regulate  trade  and  intercourse  with  the  Indians. 

REFERENCES. —  Text'vs\  the  Annual  Register  (1763),  208-213. 

WHEREAS  we  have  taken  into  our  royal  consideration  the  exten 
sive  and  valuable  acquisitions  in  America,  secured  to  our  crown 
by  the  late  definitive  treaty  of  peace  concluded  at  Paris  the  loth 
day  of  February  last;  and  being  desirous  that  all  our  loving  sub 
jects,  as  well  of  our  kingdoms  as  of  our  colonies  in  America,  may 
avail  themselves,  with  all  convenient  speed,  of  the  great  benefits 
and  advantages  which  must  accrue  therefrom  to  their  commerce, 
manufactures,  and  navigation;  we  have  thought  fit,  with  the  advice 
of  our  privy  council,  to  issue  this  our  royal  proclamation,  hereby 
to  publish  and  declare  to  all  our  loving  subjects,  that  we  have, 
with  the  advice  of  our  said  privy  council,  granted  our  letters 
patent  under  our  great  seal  of  Great  Britain,  to  erect  within  the 
countries  and  islands,  ceded  and  confirmed  to  us  by  the  said  J 
treaty,  four_distinct^and  separate  governments,  stiled  and  called 
by  the  names  of  Quebec,  Ea_st_Florida,  West.  Florida,  and  Gre 
nada,  and  limited  and  bounded  as  follows,  viz. 

First,  the  government  of  Quebec,  bounded  on  the  Labrador 
coast  by  the  river  St.  John,  and  from  thence  by  a  line  drawn 
from  the  head  of  that  river,  through  the  lake  St.  John,  to  the 
South  end  of  the  lake  Nipissim;  from  whence  the  said  line, 
crossing  the  river  St.  Lawrence  and  the  lake  Champlain  in  45 
degrees  of  North  latitude,  passes  along  the  High  Lands,  which 
divide  the  rivers  that  empty  themselves  into  the  said  river  St. 
Lawrence,  from  those  which  fall  into  the  sea;  and  also  along  the 
North  coast  of  the  Bayes  des  Chaleurs,  and  the  coast  of  the  Gulph 
of  St.  Lawrence  to  Cape  Rosieres,  and  from  thence  crossing  the 
mouth  of  the  river  St.  Lawrence  by  the  West  end  of  the  island  of 
Anticosti,  terminates  at  the  aforesaid  river  St.  John. 

Secondly,  The  government  of  East  Florida,  bounded  to  the 
Westward  by  the  Gulph  of  Mexico  and  the  Apalachicola  river; 


268      ROYAL  PROCLAMATION  CONCERNING  AMERICA     [Oct.  7 

to  the  Northward,  by  a  line  drawn  from  that  part  of  the  said  river 
where  the  Catahoochee  and  Flint  rivers  meet,  to  the  source  of  St. 
Mary's  river,  and  by  the  course  of  the  said  river  to  the  Atlantic 
Ocean;  and  to  the  East  and  South  by  the  Atlantic  Ocean,  and  the 
Gulph  of  Florida,  including  all  islands  within  six  leagues  of  the 
sea  coast. 

Thirdly,  The  government  of  West  Florida,  bounded  to  the 
Southward  by  the  Gulph  of  Mexico,  including  all  islands  within 
six  leagues  of  the  coast  from  the  river  Apalachicola  to  lake 
Pontchartrain;  to  the  Westward  by  the  said  lake,  the  lake  Mau- 
repas,  and  the  river  Mississippi;  to  the  Northward,  by  a  line 
drawn  due  East  from  that  part  of  the  river  Mississippi  which  lies 
in  thirty-one  degrees  North  latitude,  to  the  river  Apalachicola, 
or  Catahoochee;  and  to  the  Eastward  by  the  said  river. 

Fourthly,  The  government  of  Grenada,  comprehending  the 
island  of  that  name,  together  with  the  Grenadines,  and  the 
islands  of  Dominico,  St.  Vincent,  and  Tobago. 

And  to  the  end  that  the  open  and  free  fishery  of  our  subjects 
may  be  extended  to,  and  carried  on  upon  the  coast  of  Labrador 
and  the  adjacent  islands,  we  have  thought  fit,  with  the  advice  of 
our  said  privy  council,  to  put  all  that  coast,  from  the  river  St. 
John's  to  Hudson's  Streights,  together  with  the  islands  of  Anti- 
costi  and  Madelane,  and  all  other  smaller  islands  lying  upon  the 
said  coast,  under  the  care  and  inspection  of  our  governor  of 
Newfoundland. 

We  have  also,  with  the  advice  of  our  privy  council,  thought 
fit  to  annex  the  islands  of  St.  John  and  Cape  Breton,  or  Isle 
Royale,  with  the  lesser  islands  adjacent  thereto,  to  our  govern 
ment  of  Nova  Scotia. 

We  have  also,  with  the  advice  of  our  privy  council  aforesaid, 
annexed  to  our  province  of  Georgia,  all  the  lands  lying  between 
the  rivers  Attamaha  and  St.  Mary's. 

And  whereas  it  will  greatly  contribute  to  the  speedy  settling 
our  said  new  governments,  that  our  loving  subjects  should  be 
informed  of  our  paternal  care  for  the  security  of  the  liberty  and 
properties  of  those  who  are,  and  shall  become  inhabitants  thereof; 
we  have  thought  fit  to  publish  and  declare,  by  this  our  proclama 
tion,  that  we  have,  in  the  letters  patent  under  our  great  seal  of 
Great  Britain,  by  which  the  said  governments  are  constituted, 
given  express  power  and  direction  to  our  governors  of  our  said 


1763]      ROYAL  PROCLAMATION  CONCERNING  AMERICA       269 

colonies  respectively,  that  so  soon  as  the  state  and  circumstances 
of  the  said  colonies  will  admit  thereof,  they  shall,  with  the  advice 
and  consent  of  the  members  of  our  council,  summon  and  call 
general  assemblies  within  the  said  governments  respectively,  in 
such  manner  and  form  as  is  used  and  directed  in  those  colonies 
and  provinces  in  America,  which  are  under  our  immediate  gov 
ernment;  and  we  have  also  given  power  to  the  said  governors, 
with  the  consent  of  our  said  councils,  and  the  representatives  of 
the  people,  so  to  be  summoned  as  aforesaid,  to  make,  consti 
tute,  and  ordain  laws,  statutes,  and  ordinances  for  the  public 
peace,  welfare,  and  good  government  of  our  said  colonies,  and 
of  the  people  and  inhabitants  thereof,  as  near  as  may  be,  agree 
able  to  the  laws  of  England,  and  under  such  regulations  and 
restrictions  as  are  used  in  other  colonies;  and  in  the  mean  time, 
and  until  such  assemblies  can  be  called  as  aforesaid,  all  persons 
inhabiting  in,  or  resorting  to,  our  said  colonies,  may  confide  in 
our  royal  protection  for  the  enjoyment  of  the  benefit  of  the  laws 
of  our  realm  of  England :  for  which  purpose  we  have  given  power 
under  our  great  seal  to  the  governors  of  our  said  colonies  respec 
tively,  to  erect  and  constitute,  with  the  advice  of  our  said  coun 
cils  respectively,  courts  of  judicature  and  public  justice  within 
our  said  colonies,  for  the  hearing  and  determining  all  causes  as 
well  criminal  as  civil,  according  to  law  and  equity,  and  as  near 
as  may  be,  agreeable  to  the  laws  of  England,  with  liberty  to  all 
persons  who  may  think  themselves  aggrieved  by  the  sentence  of 
such  courts,  in  all  civil  cases,  to  appeal,  under  the  usual  limita 
tions  and  restrictions,  to  us,  in  our  privy  council. 

We  have  also  thought  fit,  with  the  advice  of  our  privy  council 
as  aforesaid,  to  give  unto  the  governors  and  councils  of  our  said 
three  new  colonies  upon  the  continent,  full  power  and  authority 
to  settle  and  agree  with  the  inhabitants  of  our  said  new  colonies, 
or  to  any  other  person  who  shall  resort  thereto,  for  such  lands, 
tenements,  and  hereditaments,  as  are  now,  or  hereafter  shall  be, 
in  our  power  to  dispose  of,  and  them  to  grant  to  any  such  person 
or  persons,  upon  such  terms,  and  under  such  moderate  quit  rents, 
services,  and  acknowledgments,  as  have  been  appointed  and  settled 
in  other  colonies,  and  under  such  other  conditions  as  shall  appear 
to  us  to  be  necessary  and  expedient  for  the  advantage  of  the 
grantees,  and  the  improvement  and  settlement  of  our  said  colonies. 

And  whereas  we  are  desirous,  upon  all  occasions,  to  testify  our 


2/0      ROYAL   PROCLAMATION  CONCERNING  AMERICA      [Oct.  7 

royal  sense  and  approbation  of  the  conduct  and  bravery  of  the 
officers  and  soldiers  of  our  armies,  and  to  reward  the  same,  we 
do  hereby  command  and  impower  our  governors  of  our  said  three 
new  colonies,  and  other  our  governors  of  our  several  provinces 
on  the  continent  of  North  America,  to  grant,  without  fee  or 
reward,  to  such  reduced  officers  as  have  served  in  North  America 
during  the  late  war,  and  are  actually  residing  there,  and  shall 
personally  apply  for  the  same,  the  following  quantities  of  land, 
subject,  at  the  expiration  of  ten  years,  to  the  same  quit  rents  as 
other  lands  are  subject  to  in  the  province  within  which  they  are 
granted,  as  also  subject  to  the  same  conditions  of  cultivation 
and  improvement,  viz. 

To  every  person  having  the  rank  of  a  field  officer,  5000  acres. 

To  every  captain,  3000  acres. 

To  every  subaltern  or  staff  officer,  2000  acres. 

To  every  non-commission  officer,  200  acres. 

To  every  private  man  50  acres. 

We  do  likewise  authorise  and  require  the  governors  and  com 
manders  in  chief  of  all  our  said  colonies  upon  the  continent  of 
North  America  to  grant  the  like  quantities  of  land,  and  upon  the 
same  conditions,  to  such  reduced  officers  of  our  navy  of  like 
rank,  as  served  on  board  our  ships  of  war  in  North  America  at 
the  times  of  the  reduction  of  Louisbourg  and  Quebec  in  the  late 
war,  and  who  shall  personally  apply  to  our  respective  governors 
for  such  grants. 

And  whereas  it  is  just  and  reasonable,  and  essential  to  our 
interest,  and  the  security  of  our  colonies,  that  the  several  nations 
or  tribes  of  Indians,  with  whom  we  are  connected,  and  who  live 
under  our  protection,  should  not  be  molested  or  disturbed  in  the 
possession  of  such  parts  of  our  dominions  and  territories  as,  not 
having  been  ceded  to,  or  purchased  by  us,  are  reserved  to  them, 
or  any  of  them,  as  their  hunting  grounds;  we  do  therefore,  with 
the  advice  of  our  privy  council,  declare  it  to  be  our  royal  will 
and  pleasure,  that  no  governor,  or  commander  in  chief,  in  any 
of  our  colonies  of  Quebec,  East  Florida,  or  West  Florida,  do 
presume,  upon  any  pretence  whatever,  to  grant  warrants  of  sur 
vey,  or  pass  any  patents  for  lands  beyond  the  bounds  of  their 
respective  governments,  as  described  in  their  commissions:  as 
also  that  no  governor  or  commander  in  chief  of  our  other  colo 
nies  or  plantations  in  America,  do  presume  for  the  present,  and 


1763]      ROYAL   PROCLAMATION  CONCERNING  AMERICA       271 

until  our  further  pleasure  be  known,  to  grant  warrant  of  survey, 
or  pass  patents  for  any  lands  beyond  the  heads  or  sources  of  any 
of  the  rivers  which  fall  into  the  Atlantic  Ocean  from  the  west  or 
north-west;  or  upon  any  lands  whatever,  which  not  having  been 
ceded  to,  or  purchased  by  us,  as  aforesaid,  are  reserved  to  the 
said  Indians,  or  any  of  them. 

And  we  do  further  declare  it  to  be  our  royal  will  and  pleasure, 
for  the  present,  as  aforesaid,  to  reserve  under  our  sovereignty, 
protection,  and  dominion,  for  the  use  of  the  said  Indians,  all 
the  land  and  territories  not  included  within  the  limits  of  our 
said  three  new  governments,  or  within  the  limits  of  the  territory 
granted  to  the  Hudson's  Bay  company;  as  also  all  the  land  and 
territories  lying  to  the  westward  of  the  sources  of  the  rivers  which 
fall  into  the  sea  from  the  west  and  north-west  as  aforesaid;  and 
we  do  hereby  strictly  forbid,  on  pain  of  our  displeasure,  all  our 
loving  subjects  from  making  any  purchases  or  settlements  what 
ever,  or  taking  possession  of  any  of  the  lands  above  reserved, 
without  our  special  leave  and  licence  for  that  purpose  first 
obtained. 

And  we  do  further  strictly  enjoin  and  require  all  persons  what 
ever,  who  have  either  willfully  or  inadvertently  seated  themselves 
upon  any  lands  within  the  countries  above  described,  or  upon  any 
other  lands,  which  not  having  been  ceded  to,  or  purchased  by 
us,  are  still  reserved  to  the  said  Indians  as  aforesaid,  forthwith 
to  remove  themselves  from  such  settlements. 

And  whereas  great  frauds  and  abuses  have  been  committed  in 
the  purchasing  lands  of  the  Indians,  to  the  great  prejudice  of 
our  interests,  and  to  the  great  dissatisfaction  of  the  said  Indians; 
in  order,  therefore,  to  prevent  such  irregularities  for  the  future, 
and  to  the  end  that  the  Indians  may  be  convinced  of  our  justice 
and  determined  resolution  to  remove  all  reasonable  cause  of  dis 
content,  we  do,  with  the  advice  of  our  privy  council,  strictly 
enjoin  and  require,  that  no  private  person  do  presume  to  make 
any  purchase  from  the  said  Indians  of  any  lands  reserved  to  the 
said  Indians  within  those  parts  of  our  colonies  where  we  have 
thought  proper  to  allow  settlement;  but  that  if  at  any  time  apy 
of  the  said  Indians  should  be  inclined  to  dispose  of  the  said 
lands,  the  same  shall  be  purchased  only  for  us,  in  our  name,  at 
some  public  meeting  or  assembly  of  the  said  Indians,  to  be  held 
for  that  purpose  by  the  governor  or  commander  in  chief  of  our 


2/2  SUGAR  ACT  [Aprils 

colony  respectively  within  which  they  shall  lie :  and  in  case  they 
shall  lie  within  the  limits  of  any  proprietaries,  conformable  to 
such  directions  and  instructions  as  we  or  they  shall  think  proper 
to  give  for  that  purpose :  and  we  do,  by  the  advice  of  our  privy 
council,  declare  and  enjoin,  that  the  trade  with  the  said  Indians 
shall  be  free  and  open  to  all  our  subjects  whatever,  provided  that 
every  person  who  may  incline  to  trade  with  the  said  Indians,  do 
take  out  a  licence  for  carrying  on  such  trade,  from  the  governor 
or  commander  in  chief  of  any  of  our  colonies  respectively,  where 
such  person  shall  reside,  and  also  give  security  to  observe  such 
regulations  as  we  shall  at  any  time  think  fit,  by  ourselves  or  com 
missaries,  to  be  appointed  for  this  purpose,  to  direct  and  appoint 
for  the  benefit  of  the  said  trade :  and  we  do  hereby  authorise, 
enjoin,  and  require  the  governors  and  commanders  in  chief  of 
all  our  colonies  respectively,  as  well  those  under  our  immediate 
government,  as  those  under  the  government  and  direction  of 
proprietaries,  to  grant  such  licences  without  fee  or  reward, 
taking  especial  care  to  insert  therein  a  condition  that  such 
licence  shall  be  void,  and  the  security  forfeited,  in  case  the 
person,  to  whom  the  same  is  granted,  shall  refuse  or  neglect  to 
observe  such  regulations  as  we  shall  think  proper  to  prescribe  as 
aforesaid. 

And  we  do  further  expressly  enjoin  and  require  all  officers 
whatever,  as  well  military  as  those  employed  in  the  management 
and  direction  of  Indian  affairs  within  the  territories  reserved,  as 
aforesaid,  for  the  use  of  the  said  Indians,  to  seize  and  apprehend 
all  persons  whatever,  who  standing  charged  with  treasons,  mis- 
prisions  of  treasons,  murders,  or  other  felonies  or  misdemeanors, 
shall  fly  from  justice  and  take  refuge  in  the  said  territory,  and 
to  send  them  under  a  proper  guard  to  the  colony  where  the  crime 
was  committed  of  which  they  shall  stand  accused,  in  order  to 
take  their  trial  for  the  same. 


No.  56.    Sugar  Act 

April  5,  1764 

ALTHOUGH  the  Seven  Years'  war  had  left  Great  Britain  with  a  heavy 
debt,  the  expense  of  protecting  the  English  possessions  in  America  seemed 
likely  to  increase  rather  than  diminish.  The  direct  advantages  of  the 


1764]  SUGAR  ACT  273 

expulsion  of  the  French  had  accrued  mainly  to  the  colonies,  and  it  seemed 
proper  to  the  ministry  that  a  revenue  should  be  raised  in  America  for  the 
support  of  the  military  establishment  there.  In  connection  with  the  plan  for 
a  colonial  army,  it  was  the  desire  to  provide  stronger  support  for  the  repre 
sentatives  of  the  Crown,  and  to  put  an  end  to  the  widespread  violation  of  the 
acts  of  trade.  "February  23,  1763,  Charles  To\vnshen<l  became  first  lord 
of  trade,  with  the  administration  of  the  colonies,  and  he  inaugurated,  with 
the^support  of  the  ministry,  the  new  system  of  colonial  government.  It  was 
announced  by  authority  that  there  were  to  be  no  more  requisitions  from  the 
king  to  the  colonial  assemblies  for  supplies,  but  that  the  colonies  were  to  be 
tax^^^T"6^PanTkfeent.7  ColoraHngovernors""  ahcl  judges  were  to  be  paid 
by  th_e_  Crown;  they  were  to  be  supported  by  a  standing  army  of  twenty  regi 
ments;  and  all  the  expenses  of  this  force  were  to  be  paid  by  parliamentary 
taxation"  (Johnston).  Greenville,  who  succeeded  Bute  in  April  as  prime 
minister,  was  committed  to  this  policy,  and  in  May  the  Lords  of  Trade  were 
called  upon  to  submit  a  plan  of  colonial  taxation.  The  duties  prescribed  by 
the  Molasses  Act  of  1733  [No.  50]  were  prohibitory,  and  the  statute  itself  had 
remained  inoperative.  (  To  provide  in  part  for  the  intended  revenue,  the  act 
of  April  5,  1764,  known  as  the  Sugar  Act,  was  now  passed,  imposing  duties 
upon  certain  colonial  imports  and  exports.  The  Molasses  Act  was  also  made 
perpetual,  but  with  a  reduction  by  one-half  of  the  duty  on  molasses  and  sugar. 

The  extracts  following  give  the  important  sections  of  the  act,  omitting 
minor  technical  and  administrative  provisions. 

REFERENCES.  —  Text  in  Pickering's  Statutes  at  Large,  XXVI.,  33-52.  The 
act  is  cited  as  4  Geo.  III.,  c.  15.  On  the  act,  see  especially  Beer's  Commercial 
Policy  of  England,  chap.  8,  and  references  there  cited. 

An  act  for  granting  certain  duties  in  the  British  colonies  and 
plantations  in  America ;  for  continuing,  amending,  and  making 
perpetual,  an  act  passed  in  the  sixth  year  of  the  reign  of  his 
late  Majesty  King  George  the  Second,  (intituled,  An  act  for  the 
better  securing  and  encouraging  the  trade  of  his  Majesty's  sugar 
colonies  in  America;)  for  applying  the  produce  of  such  duties, 
and  of  the  duties  to  arise  by  virtue  of  the  said  act,  towards  de 
fraying  the  expences  of  defending,  protecting,  and  securing  the 
said  colonies  and  plantations  ;  for  explaining  an  act  made  in 
the  twenty  fifth  year  of  the  reign  of  King  Charles  the  Second, 
(intituled,  An  act  for  the  encouragement  of  the  Greenland 
and  Eastland  trades,  and  for  the  better  securing  the  plantation 
trade  ;  )  and  for  altering  and  disallowing  several  drawbacks 
on  exports  from  this  kingdom,  and  more  effectually  preventing 
the  clandestine  conveyance  of  goods  to  and  from  the  said  colo 
nies  and  plantations,  and  improving  and  securing  the  trade 
between  the  same  and  Great  Britain. 


274  SUGAR  ACT  [Aprils 

WHEREAS  //  is  expedient  that  new  provisions  and  regulations 
should  be  established  for  improving  the  revenue  of  this  Kingdom, 
and  for  extending  and  securing  the  navigation  and  commerce 
between  Great  Britain  and  your  Majesty's  dominions  in  America, 
which,  by  the  peace,  have  been  so  happily  enlarged :  and  whereas 
it  is  just  and  necessary,  that  a  revenue  be  raised,  in  your  Majesty's 
said  dominions  in  America,  for  defraying  the  expences  of  defending, 
protecting,  and  securing  the  same  ;  we,  your  Majesty's  most  dutiful 
and  loyal  subjects,  the  commons  of  Great  Britain,  in  parliament 
assembled,  being  desirous  to  make  some  provision,  in  this  present 
session  of  parliament,  towards  raising  the  said  revenue  in  America, 
have  resolved  to  give  and  grant  unto  your  Majesty  the  several  rates 
and  duties  herein  after-mentioned ;  and  do  most  humbly  beseech 
your  Majesty,  that  it  may  be  enacted  ;  and  be  it  enacted  .  .  .  ,  That 
from  and  after  the  twenty  ninth  day  of  September,  one  thousand 
seven  hundred  and  sixty  four,  there  shall  be  raised,  levied,  col 
lected,  and  paid,  unto  his  Majesty  .  .  .  ,  for  and  upon  all  white 
or  clayed  sugars  of  the  produce  or  manufacture  of  any  colony  or 
plantation  in  America,  not  under  the  dominion  of  his  Majesty  .  . . ; 
for  and  upon  indico,  and  coffee  of  foreign  produce  or  manufac 
ture  ;  for  and  upon  all  wines  (except  French  wine ;)  for  and  upon 
all  wrought  silks,  bengals,  and  stuffs,  mixed  with  silk  or  herba,  of 
the  manufacture  of  Persia,  China,  or  East  India,  and  all  callico 
painted,  dyed,  printed,  or  stained  there ;  and  for  and  upon  all 
foreign  linen  cloth  called  Cambrick  and  French  Lawns,  which  shall 
be  imported  or  brought  into  any  colony  or  plantation  in  America, 
which  now  is,  or  hereafter  may  be,  under  the  dominion  of  his 
Majesty  . .  . ,  the  several  rates  and  duties  following ;  that  is  to  say, 

For  every  hundred  weight  avoirdupois  of  such  foreign  white 
or  clayed  sugars,  one  pound  two  shillings,  over  and  above  all 
other  duties  imposed  by  any  former  act  of  parliament. 

For  every  pound  weight  avoirdupois  of  such  foreign  indico,  six 
pence. 

For  every  hundred  weight  avoirdupois  of  such  foreign  coffee, 
which  shall  be  imported  from  any  place  except  Great  Britain, 
two  pounds,  nineteen  shillings,  and  nine  pence. 

For  every  ton  of  wine  of  the  growth  of  the  Madeiras,  or  of 
any  other  island  or  place  from  whence  such  wine  may  be  lawfully 
imported,  and  which  shall  be  so  imported  from  such  islands  or 
places,  the  sum  of  seven  pounds. 


1764]  SUGAR  ACT  275 

For  every  ton  of  Portugal,  Spanish,  or  any  other  wine  (except 
French  wine)  imported  from  Great  Britain,  the  sum  of  ten 
shillings. 

For  every  pound  weight  avoirdupois  of  wrought  silks,  bengals, 
and  stuffs,  mixed  with  silk  or  herba,  of  the  manufacture  of  Persia, 
China,  or  East  India,  imported  from  Great  Britain,  two  shillings. 

For  every  piece  of  callico  painted,  dyed,  printed,  or  stained, 
in  Persia,  China,  or  East  India,  imported  from  Great  Britain, 
two  shillings  and  six  pence. 

For  every  piece  of  foreign  linen  cloth,  called  Cambrick,  im 
ported  from  Great  Britain,  three  shillings. 

For  every  piece  of  French  lawn  imported  from  Great  Britain 
three  shillings.  .  .  . 

II.  And  it  is  hereby  further  enacted  .  .  .  That  from  and  after 
.  .  .  [September  29,  1764]  .  .  .  there  shall  also  be  raised,  levied, 
collected,  and  paid,  unto  his  Majesty  .  .  .  ,  for  and  upon  all 
coffee  and  pimento  of  the  growth  and  produce  of  any  British 
colony  or  plantation  in  America,  which  shall  be  there  laden  on 
board  any  British  ship  or  vessel,  to  be  carried  out  from  thence 
or  any  other  place  whatsoever,  except  Great  Britain,  the  several 
rates  and  duties  following;  that  is  to  say, 

III.  For  every  hundred  weight  avoirdupois  of  such  British 
coffee,  seven  shillings. 

For  every  pound  weight  avoirdupois  of  such  British  pimento, 
one  halfpenny.  .  .  . 

[Sections  V.  and  VI.  continue  the  Molasses  Act  in  force  until 
Sept.  30,  1764,  after  which  it  is  to  be  perpetual,  subject  to  the 
changes  in  this  present  act.] 

VI.  And  be  it  further  enacted  .  .  .  ,  That  in  lieu  and  instead 
of  the  rate  and  duty  imposed  by  the  said  act  upon  melasses  and 
syrups,  there  shall,  from  and  after  .  .  .  [September  29,  1764]  .  .  .  , 
be  raised,  levied,  collected,  and  paid,  unto  his  Majesty  .  .  .  ,  for 
and  upon  every  gallon  of  melasses  or  syrups,  being  the  growth, 
produce,  or  manufacture,  of  any  colony  or  plantation  in  America, 
not  under  the  dominion  of  his  Majesty  .  .  .  ,  which  shall  be 
imported  or  brought  into  any  colony  or  plantation  in  America, 
which  now  is,  or  hereafter  may  be,  under  the  dominion  of  his 
Majesty  .  .  ,  ,  the  sum  of  three  pence. 

*********** 

XI.   And  it  is  hereby  further  enacted  .  .  .  ,  That  all  the  monies 


276  SUGAR  ACT  [April  5 

which,  from  and  after  .  .  .  [September  29,  1764]  .  .  .  ,  shall  arise 
by  the  several  rates  and  duties  herein  before  granted;  and  also 
by  the  duties  which,  from  and  after  the  said  [date],  shall  be 
raised  upon  sugars  and  paneles,  by  virtue  of  the  said  act  made 
in  the  sixth  year  of  the  reign  of  his  said  late  Majesty  King  George 
the  Second  (except  the  necessary  charges  of  raising,  collecting, 
levying,  recovering,  answering,  paying,  and  accounting  for  the 
same)  shall  be  paid  into  the  receipt  of  his  Majesty's  Exchequer, 
and  shall  be  entered  separate  and  apart  from  all  other  monies 
paid  or  payable  to  his  Majesty  .  .  .  :  and  shall  be  there  reserved, 
to  be,  from  time  to  time,  disposed  of  by  parliament,  towards 
defraying  the  necessary  expences  of  defending,  protecting,  and 
securing,  the  British  colonies  and  plantations  in  America. 
*********** 

XVIII.  And  be  it  further  enacted  .  .  .  ,  That  from  and  after 
.  .  .  [September  29,  1764]  .  .  .  ,  no  rum  or  spirits  of  the  produce 
or  manufacture  of  any  of  the  colonies  or  plantations  in  America, 
not  in  the  possession  or  under  the  dominion  of  his  Majesty  .  .  .  , 
shall  be  imported  or  brought  into  any  of  the  colonies  or  planta 
tions  in  America  which  now  are,  or  hereafter  may  be,  in  the 
possession  or  under  the  dominion  of  his  Majesty  .  .  .  ,  upon  for 
feiture  of  all  such  rum  or  spirits,  together  with  the  ship  or  vessel 
in  which  the  same  shall  be  imported,  with  the  tackle,  apparel,  and 
furniture  thereof;    to  be  seized  by  any  officer  or  officers  of  his 
Majesty's  customs,  and  prosecuted  in  such  manner  and  form  as 
herein  after  is  expressed;  any  law,  custom,  or  usage,  to  the  con 
trary  notwithstanding. 

XIX.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from  and 
after  .  .  .  [September  29,   1764]  .  .  .  ,  nothing  in  the  before- 
recited  act  made  in  the  sixth  year  of  the  reign  of  his  late  Majesty 
King   George  the  Second,  or  any  other  act  of  parliament,  shall 
extend,  or  be  construed  to  extend,  to  give  liberty  to  any  person 
or  persons  whatsoever  to  import  into  the  kingdom  of  Ireland, 
any  sort  of  sugars,  but  such  only  as  shall  be  fairly  and  bona  fide 
loaden  and  shipped  in  Great  Britain,  and  carried  directly  from 
thence  in  ships  navigated  according  to  law. 

*********** 

XXIII.    And  whereas  by  an  act  of  parliament  made  in  the 
twelfth  year  of  the  reign  of  King  Charles  the  Second,  intituled, 


1764]  SUGAR  ACT  277 

An  act  for  encouraging  and  increasing  of  shipping  and  navigation, 
and  several  subsequent  acts  of  parliament  which  are  now  in  force, 
it  is,  amongst  other  things,  directed,  that  for  every  ship  or  vessel 
that  shall  load  any  commodities,  in  those  acts  particularly  enu 
merated,  at  any  British  plantation,  being  the  growth,  product,  or 
maufacture  thereof,  bonds  shall  be  given  with  one  surety,  to  the 
value  of  one  thousand  pounds,  if  the  ship  be  of  less  burthen  than 
one  hundred  tons,  and  of  the  sum  of  two  thousand  pounds;  if  the 
ship  be  of  greater  burthen,  that  the  same  commodities  shall  be 
brought  by  such  ship  or  vessel  to  some  other  British  plantation, 
or  to  some  port  in  Great  Britain  ;  notwithstanding  which,  there 
is  great  reason  to  apprehend  such  goods  are  frequently  carried  to 
foreign  parts,  and  landed  there :  and  whereas  great  quantities  of 
foreign  molasses  and  syrups  are  clandestinely  run  on  shore  in  the 
British  colonies,  to  the  prejudice  of  the  revenue,  and  the  great 
detriment  of  the  trade  of  this  kingdom,  and  it's  American  planta 
tions;  to  remedy  which  practices  for  the  future,  be  it  further 
enacted  .  .  .  ,  That  from  and  after  .  .  .  [September  29,  1764] 
.  .  .  ,  bond  and  security,  in  the  like  penalty,  shall  also  be  given 
to  the  collector  or  other  principal  officer  of  the  customs  at  any 
port  or  place  in  any  of  the  British  American  colonies  or  planta 
tions,  with  one  surety  besides  the  master  of  every  ship  or  vessel 
that  shall  lade  or  take  on  board  there  any  goods  not  particularly 
enumerated  in  the  said  acts,  being  the  product  or  manufacture  of 
any  of  the  said  colonies  or  plantations,  with  condition,  that,  in 
case  any  molasses  or  syrups,  being  the  produce  of  any  of  the 
plantations  not  under  the  dominion  of  his  Majesty  .  .  .  ,  shall  be 
laden  on  board  such  ship  or  vessel,  the  same  shall  (the  danger  of 
the  seas  and  enemies  excepted)  be  brought,  without  fraud  or  wil 
ful  diminution,  by  the  said  ship  or  vessel  to  some  of  his  Majesty's 
colonies  or  plantations  in  America,  or  to  some  port  in  Great 
Britain  ;  and  that  the  master  or  other  person  having  the  charge 
of  such  ship  or  vessel,  shall,  immediately  upon  his  arrival  at 
every  port  or  place  in  Great  Britain,  or  in  the  British  American 
colonies  and  plantations,  make  a  just  and  true  report  of  all  the 
goods  laden  on  board  such  ship  or  vessel  under  their  true  and 
proper  denominations;  and  if  any  such  non-enumerated  goods 
shall  be  laden  on  board  any  such  ship  or  vessel  before  such  bond 
shall  be  given,  the  goods  so  laden  together  with  the  ship  or  vessel 
and  her  furniture  shall  be  forfeited,  and  shall  and  may  be  seized 


2/8  SUGAR  ACT  [April  5 

by  any  officer  of  the  customs,  and  prosecuted  in  the  manner  herein 
after  directed. 


XXV.  And  it  is  hereby  further  enacted,  That  if  any  British 
ship  or  vessel  laden,  as  aforesaid,  with  any  goods  of  the  produce 
or  manufacture  of  any  British  colony  or  plantation  in  America, 
or  having  on  board  any  molasses  or  syrups  the  produce  of  any 
foreign  colony  or  plantation,  shall  be  discovered  by  any  officer  of 
his  Majesty's  customs  within  two  leagues  of  the  shore  of  any 
British  colony  or  plantation  in  America,  and  the  master  or  per 
son  taking  charge  of  such  ship  or  vessel  shall  not  produce  a  cer 
tificate  that  bond  has  been  given,  pursuant  to  the  directions  of 
this  or  any  other  act  of  parliament,  as  the  case  may  require;  or 
if  he  shall  not  produce  such  certificate  to  the  collector  or  other 
chief  officer  of  the  customs  where  he  shall  arrive,  either  in  Great 
Britain  or  any  British  American  colony  or  plantation,  such  ship 
or  vessel,  with  her  tackle,  apparel,  and  furniture,  and  all  the  goods 
therein  laden,  shall  be  forfeited,  and  shall  and  may  be  seized  and 
prosecuted  as  herein  after  is  directed. 

*********** 

XXVII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from 
and  after  .  .  .  [September  29,  1764]  .  .  .  ,  all  coffee,  pimento, 
cocoa  nuts,  whale  fins,  raw  silk,  hides,  and  skins,  pot  and  pearl 
ashes,  of  the  growth,  production,  or  manufacture,  of  any  British 
colony  or  plantation  in  America,  shall  be  imported  directly  from 
thence  into  this  kingdom,  or  some  other  British  colony  or  plan 
tation,  under  the  like  securities,  penalties,  and  forfeitures,  as  are 
particularly  mentioned  in  two  acts  of  parliament  made  in  the 
twelfth  and  twenty  fifth  years  of  the  reign  of  King  Charles  the 
Second,   the  former   intituled,  An  act  for  the  encouraging  and 
increasing  of  shipping  and  navigation,  and  the  latter  intituled,  An 
act  for  the  encouragement  of  the  Greenland  and  eastland  trades,  and 
for  the  better  securing  the  plantation  trade,  or  either  of  them,  with 
respect  to  the  goods  in  those  acts  particularly  enumerated;  any 
law,  custom,  or  usage,  to  the  contrary  notwithstanding. 

XXVIII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from  and 
after  .  .  .  [September  29,  1764]  .  .  .  ,  no  iron,  nor  any  sort  of 
wood,  commonly  called  Lumber,  as  specified  in  an  act  passed  in 
the  eighth  year  of  the  reign  of  King  George  the  First,  intituled, 


1764]  SUGAR  ACT  279 

An  act  for  giving  further  encouragement  for  the  importation  of 
naval  stores,  and  for  other  purposes  therein  mentioned,  of  the 
growth,  production,  or  manufacture,  of  any  British  colony  or 
plantation  in  America,  shall  be  there  loaden  on  board  any  ship 
or  vessel  to  be  carried  from  thence,  until  sufficient  bond  shall  be 
given,  with  one  surety  besides  the  master  of  the  vessel,  to  the 
collector  or  other  principal  officer  of  the  customs  at  the  loading 
port,  in  a  penalty  of  double  the  value  of  the  goods,  with  condi 
tion,  that  the  said  goods  shall  not  be  landed  in  any  part  of 
Europe  except  Great  Britain ;  .  .  . 

XXIX.  And,  for  the  better  preventing  frauds  in  the  importa 
tion  or  exportation  of  goods  that  are  liable  to  the  payment  of 
duties,  or  are  prohibited,  in  the  British  colonies  or  plantations 
in  America,  it  is  further  enacted  .  .  .  ,  That  from  and  after  .  .  . 
[September  29,   1764]  .  .  .  ,  no  goods,  wares,  or  merchandizes, 
of  any  kind  whatsoever,  shall  be  shipped  or  laden  on  board  any 
ship  or  vessel  in  any  of  the  British  colonies  or  plantations  in 
America,  to  be  carried  from  thence  to  any  other  British  colony 
or  plantation,  without  a  sufferance  or  warrant  first  had  and  ob 
tained  from  the  collector  or  other  proper  officer  of  the  customs 
at  the  port  or  place  where  such  goods  shall  be  intended  to  be  put 
on  Board.   .   .   . 

XXX.  And  whereas  British  vessels  arriving  from  foreign  parts 
at  several  of  the  out  ports  of  this  kingdom,  fully  or  in  part  laden 
abroad  with  goods  that  are  pretended  to  be  destined  to  some 
foreign  plantation,  do  frequently  take  on  board  some  small  par 
cels  of  goods  in  this  kingdom  which  are  entered  outwards  for 
some  British  colony  or  plantation,  and  a  cocket  and  clearance 
thereupon  granted  for  such  goods,  under  cover  of  which   the 
whole  cargoes  of  such  vessels  are  clandestinely  landed  in  the 
British  American  dominions,  contrary  to  several  acts  of  parlia 
ment   now    in  force,   to  the  great  prejudice  of  the  trade  and 
revenue  of  this  kingdom;    for  remedy  whereof,  be   it  further 
enacted  .  .  .  ,  That  from  and  after  the  first  day  of  May  one  thou 
sand  seven  hundred  and  sixty  four,  no  ship  or  vessel  shall,  upon 
any  pretence  whatsoever,  be  cleared  outwards  from  any  port  of 
this  kingdom,  for  any  land,  island,  plantation,  colony,  territory, 
or  place  to  his  Majesty  belonging,  or  which  shall  hereafter  belong 
unto  or  be  in  the  possession  or  under  the  dominion  of  his  Majesty 
.  .  .  ,  in  America ,  unless  the  whole  and  entire  cargo  of  such  ship 


280  SUGAR  ACT  [April  5 

or  vessel  shall  be  bonafide,  and  without  fraud,  laden  and  shipped 
in  this  kingdom.  .  .  . 

XXXI.  Provided  always,  That  this  act  shall  not  extend,  nor 
be  construed  to  extend,  to  forfeit,  for  want  of  such  cocket  or 
clearance,  any  salt  laden  in  Europe  for  the  fisheries  in  New 
England,  Newfoundland,  Pensylvania,  New  York,  and  Nova 
Scotia,  or  any  other  place  to  which  salt  is  or  shall  be  allowed 
by  law  to  be  carried;  wines  laden  in  the  Madeiras,  of  the  growth 
thereof;  and  wines  of  the  growth  of  the  Western  Islands,  or 
Azores,  and  laden  there;  nor  any  horses,  victuals,  or  linen  cloth, 
of  and  from  Ireland,  which  may  be  laden  on  board  such  ships 
or  vessels. 

*********** 

XXXV.  And,  in  order  to  prevent  any  illicit  trade  or  commerce 
between  his  Majesty's  subjects  in  America,  and  the  subjects  of  the 
crown  of  France  in  the  islands  of  Saint  Pierre  and  Miquelon,  it 
is  hereby  further  enacted  .  .  .  ,  That  from  and  after  .  .  .  [Septem 
ber  29,  1764]  .  .  .  ,  if  any  British  ship  or  vessel  shall  be  found 
standing  into,  or  coming  out  from,  either  of  those  islands,  or 
hovering  or  at  anchor  within  two  leagues  of  the  coasts  thereof, 
or  shall  be  discovered  to  have  taken  any  goods  or  merchandizes 
on  board  at  either  of  them,  or  to  have  been  there  for  that  pur 
pose;  such  ship  or  vessel,  and  all  the  goods  so  taken  on  board 
there,  shall  be  forfeited  and  lost,  and  shall  and  may  be  seized 
and  prosecuted  by  any  officer  of  his  Majesty's  customs;  and  the 
master  or  other  person  having  the  charge  of  such  ship  or  vessel, 
and  every  person  concerned  in  taking  any  such  goods  on  board, 
shall  forfeit  treble  the  value  thereof. 

*********** 

XXXVII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from 
and  after  .  .  .  [September  29,  1764]  .  .  .  ,  if  any  goods  or  mer 
chandizes  whatsoever,  liable  to  the  payment  of  duties  in  any 
British  colony  or  plantation  in  America  by  this  or  any  other  act 
of  parliament,  shall  be  loaden  on  board  any  ship  or  vessel  out 
ward  bound,  or  shall  be  unshipped  or  landed  from  any  ship  or 
vessel  inward  bound,  before  the  respective  duties  due  thereon 
are  paid,  agreeable  to  law;  or  if  any  prohibited  goods  whatsoever 
shall  be  imported  into,  or  exported  out  of,  any  of  the  said  colo 
nies  or  plantations,  contrary  to  the  true  intent  and  meaning  of 
this  or  any  other  act  of  parliament;  every  person  who  shall  be 


1765]  STAMP  ACT  28l 

assisting,  or  otherwise  concerned,  either  in  the  loading  outwards, 
or  in  the  unshipping  or  landing  inwards,  such  goods,  or  to  whose 
hands  the  same  shall  knowingly  come  after  the  loading  or  unship 
ping  thereof,  shall,  for  each  and  every  offence,  forfeit  treble  the 
value  of  such  goods,  to  be  estimated  and  computed  according  to 
the  best  price  that  each  respective  commodity  bears  at  the  place 
where  such  offence  was  committed;  and  all  the  boats,  horses, 
cattle,  and  other  carriages  whatsoever,  made  use  of  in  the  load 
ing,  landing,  removing,  carriage,  or  conveyance,  of  any  of  the 
aforesaid  goods,  shall  also  be  forfeited  and  lost,  and  shall  and 
may  be  seized  and  prosecuted,  by  any  officer  of  his  Majesty's 
customs,  as  herein  after  mentioned. 

*********** 


No.  57.    Stamp  Act 

March  22,  1765 

A  stamp  act  formed  part  of  the  plan  of  colonial  taxation  outlined  by 
Townshend  in  1763,  and  adopted  by  Grenville  when  the  latter  became  prime 
mimsteT^seePnote  to  No.  56).  In  September,  1763,  the  commissioners  of 
stamp  duties  were  requested  to  draft  provisions  for  the  extension  of  those 
duties  to  America.  In  March,  1764,  shortly  before  the  passage  of  the  Sugar 
Act,  Grenville  announced  his  intention  of  introducing,  at  the  next  session,  a 
stamp  bill;  and  the  plan  received  the  approval  of  Parliament.  In  the  mean 
time,  opportunity  was  given  the  colonial  agents  to  communicate  with  their 
respective  governments,  in  order  that  the  colonies,  in  case  the  stamp  tax  were 
deemed  objectionable,  might  agree  upon  some  other  method  of  raising  the 
desired  revenue.  The  prospect  of  parliamentary  taxation  was  viewed  with 
alarm  in  America,  where  a  stricter  enforcement  of  the  acts  of  trade  was  already 
thought  to  threaten  disaster  to  commerce.  When,  however,  the  subject  was 
again  brought  before  Parliament  by  Grenville,  in  February,  1 765,  the  colonial 
agents,  although  remonstrating  against  the  proposed  measure,  were^unable  to 
recommend  any  substitute;  while  petitions  from  the  colonial  assemblies,  and 
from  London  merchants  interested  in  the  American  trade,  were  refused  con 
sideration,  under  a  rule  of  the  House  of  Commons  forbidding  the  reception  of 
petitions  on  money  bills.  There  was  little  opposition  in  Parliament,  and  the 
bill  passed  the  Commons  by  a  vote  of  205  to  49,  and  the  Lords  without  a 
division.  _GeorgeJJL  was  at  thp  fimr  insane,  ?"^  tfrp  art  reived  th^-coyfJ- 
assent,  March  22,  by  commission. 

^REFERENCEsT^-  Text  in  Pickering's  Statutes  at  Large,  XXVI.,  179-204. 
The  act  is  cited  as  5  Geo.  III.,  c.  12.  The  proceedings  in  Parliament  may 
be  followed  in  the  Parliamentary  History,  XV.,  XVI.,  and  the  Annual  Reg 
ister  (1765).  The  fullest  account  of  the  debates  is  in  Bancroft's  United  States 
(ed.  1852),  V.  Contrasted  English  and  American  views  are  presented  in  Froth- 


282  STAMP  ACT  [March  22 

ingham's  Rise  of  the  Republic,  chap.  5 ;  Lecky's  England  in  the  Eighteenth 
Century  (Amer.  ed.),  III.,  333-375;  Mahon's  England,  chap.  43,  45.  Brad 
ford's  Massachusetts  State  Papers,  33-92,  gives  the  addresses  and  messages  of 
Governor  Bernard,  and  the  answers  of  the  House  of  Representatives,  of  that 
colony,  in  relation  to  the  act  and  its  repeal.  The  best -known  contemporary 
expression  of  American  opinion,  called  out  by  the  Sugar  Act  and  the  proposal 
of  a  stamp  act,  is  Otis's  Rights  of  the  British  Colonies ;  for  a  more  moderate 
statement,  see  Stephen  Hopkins's  Rights  of  the  Colonies  Examined  (in  R.  I. 
Col.  Records,  VI.). 

An  act  for  granting  and  applying  certain  stamp  duties,  and  other 
duties,  in  the  British  colonies  and  plantations  in  America, 
towards  further  defraying  the  expences  of  defending,  protecting, 
and  securing  the  same  ;  and  for  amending  such  parts  of  the 
several  acts  of  parliament  relating  to  the  trade  and  revenues  of 
the  said  colonies  and  plantations,  as  direct  the  manner  of  deter 
mining  and  recovering  the  penalties  and  forfeitures  therein 
mentioned. 

WHEREAS  by  an  act  made  in  the  last  session  of  parliament, 
several  duties  were  granted,  continued,  and  appropriated,  towards 
defraying  the  expences  of  defending,  protecting,  and  securing,  the 
British  colonies  and  plantations  in  America :  and  whereas  it  is 
just  and  necessary,  that  provision  be  made  for  raising  a  further 
revenue  within  your  Majesty's  dominions  in  America,  towards 
defraying  the  said  expences :  we,  your  Majesty's  most  dutiful  and 
loyal  subjects,  the  commons  of  Great  Britain  in  parliament 
assembled,  have  therefore  resolved  to  give  and  grant  unto  your 
Majesty  the  several  rates  and  duties  here  in  after  mentioned ; 
and  do  most  humbly  beseech  your  Majesty  that  it  may  be  en 
acted,  and  be  it  enacted  .  .  .  ,  That  from  and  after  the  first  day 
of  November,  one  thousand  seven  hundred  and  sixty  five,  there 
shall  be  raised,  levied,  collected,  and  paid  unto  his  Majesty,  his 
heirs,  and  successors,  throughout  the  colonies  and  plantations  in 
America  which  now  are,  or  hereafter  may  be,  under  the  domin 
ion  of  his  Majesty,  his  heirs  and  successors, 

For  every  skin  or  piece  of  vellum  or  parchment,  or  sheet  or 
piece  of  paper,  on  which  shall  be  ingrossed,  written  or  printed, 
any  declaration,  plea,  replication,  rejoinder,  demurrer,  or  other 
pleading,  or  any  copy  thereof,  in  any  court  of  law  within  the 
British  colonies  and  plantations  in  America,  a  stamp  duty  of 
three  pence. 


1765]  STAMP  ACT  283 

For  every  skin  ...  on  which  shall  be  ingrossed  ...  any 
special  bail  and  appearance  upon  such  bail  in  any  such  court, 
a  stamp  duty  of  two  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
petition,  bill,  answer,  claim,  plea,  replication,  rejoinder,  demur 
rer,  or  other  pleading  in  any  court  of  chancery  or  equity  within 
the  said  colonies  and  plantations,  a  stamp  duty  of  one  shilling 
and  six  pence. 

[For  every  copy  of  such  petition,  &c.,  three  pence.] 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
monition,  libel,  answer,  allegation,  inventory,  or  renunciation  in 
ecclesiastical  matters  in  any  court  of  probate,  court  of  the  ordi 
nary,  or  other  court  exercising  ecclesiastical  jurisdiction  within 
the  said  colonies  and  plantations,  a  stamp  duty  of  one  shilling. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
copy  of  any  will  (other  than  the  probate  thereof)  monition,  libel, 
answer,  allegation,  inventory,  or  renunciation  in  ecclesiastical 
matters  in  any  such  court,  a  stamp  duty  of  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  dona 
tion,  presentation,  collation,  or  institution  of  or  to  any  benefice, 
or  any  writ  or  instrument  for  the  like  purpose,  or  any  register, 
entry,  testimonial,  or  certificate  of  any  degree  taken  in  any  uni 
versity,  academy,  college,  or  seminary  of  learning,  within  the 
said  colonies  and  plantations,  a  stamp  duty  of  two  pounds. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
monition,  libel,  claim,  answer,  allegation,  information,  letter  of 
request,  execution,  renunciation,  inventory,  or  other  pleading, 
in  any  admiralty  court  within  the  said  colonies  and  plantations, 
a  stamp  duty  of  one  shilling. 

[For  every  copy  of  such  monition,  &c.,  six  pence.] 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
appeal,  writ  of  error,  writ  of  dower,  Ad  quod  damnum,  cer- 
tiorari,  statute  merchant,  statute  staple,  attestation,  or  certificate, 
by  any  officer,  or  exemplification  of  any  record  or  proceeding  in 
any  court  whatsoever  within  the  said  colonies  and  plantations 
(except  appeals,  writs  of  error,  certiorari,  attestations,  certifi 
cates,  and  exemplifications,  for  or  relating  to  the  removal  of  any 
proceedings  from  before  a  single  justice  of  the  peace)  a  stamp 
duty  of  ten  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  writ 


284  STAMP  ACT  [March  22 

of  covenant  for  levying  of  fines,  writ  of  entry  for  suffering  a 
common  recovery,  or  attachment  issuing  out  of,  or  returnable 
into,  any  court  within  the  said  colonies  and  plantations,  a  stamp 
duty  of  five  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
judgement,  decree,  sentence,  or  dismission,  or  any  record  of 
JVisi  Prius  or  Postea,  in  any  court  within  the  said  colonies  and 
plantations,  a  stamp  duty  of  four  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
affidavit,  common  bail  or  appearance,  interrogatory  deposition, 
rule,  order,  or  warrant  of  any  court,  or  any  Dedimus  Potestatem, 
Capias,  Subpoena,  summons,  compulsory  citation,  commission, 
recognizance,  or  any  other  writ,  process,  or  mandate,  issuing 
out  of,  or  returnable  into,  any  court,  or  any  office  belonging 
thereto,  or  any  other  proceeding  therein  whatsoever,  or  any  copy 
thereof,  or  of  any  record  not  herein  before  charged,  within  the 
said  colonies  and  plantations  (except  warrants  relating  to  crimi 
nal  matters,  and  proceedings  thereon  or  relating  thereto)  a  stamp 
duty  of  one  shilling. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
licence,  appointment,  or  admission  of  any  counsellor,  sollicitor, 
attorney,  advocate,  or  proctor,  to  practise  in  any  court,  or  of 
any  notary  within  the  said  colonies  and  plantations,  a  stamp  duty 
of  ten  pounds. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
note  or  bill  of  lading,  which  shall  be  signed  for  any  kind  of 
goods,  wares,  or  merchandize,  to  be  exported  from,  or  any  cocket 
or  clearance  granted  within  the  said  colonies  and  plantations,  a 
stamp  duty  of  four  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  letters  of 
mart,  or  commission  for  private  ships  of  war,  within  the  said 
colonies  and  plantations,  a  stamp  duty  of  twenty  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  grant, 
appointment,  or  admission  of  or  to  any  publick  beneficial  office 
or  employment,  for  the  space  of  one  year,  or  any  lesser  time,  of 
or  above  the  value  of  twenty  pounds  per  annum  sterling  money, 
in  salary,  fees,  and  perquisites,  within  the  said  colonies  and 
plantations,  (except  commissions  and  appointments  of  officers  of 
the  army,  navy,  ordnance,  or  militia,  of  judges,  and  of  justices 
of  the  peace)  a  stamp  duty  of  ten  shillings. 


1765]  STAMP  ACT  285 

For  every  skin  ...  on  which  any  grant  of  any  liberty,  privilege, 
or  franchise,  under  the  seal  of  any  of  the  said  colonies  or  planta 
tions,  or  under  the  seal  or  sign  manual  of  any  governor,  proprietor, 
or  publick  officer  alone,  or  in  conjunction  with  any  other  person 
or  persons,  or  with  any  council,  or  any  council  and  assembly,  or 
any  exemplification  of  the  same,  shall  be  ingrossed  .  .  .  ,  within 
the  said  colonies  and  plantations,  a  stamp  duty  of  six  pounds. 

for  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
licence  for  retailing  of  spirituous  liquors,  to  be  granted  to  any 
person  who  shall  take  out  the  same,  within  the  said  colonies  and 
plantations,  a  stamp  duty  of  twenty  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  licence 
for  retailing  of  wine,  to  be  granted  to  any  person  who  shall  not 
take  out  a  licence  for  retailing  of  spirituous  liquors,  within  the 
said  colonies  and  plantations,  a  stamp  duty  of  four  pounds. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  licence 
for  retailing  of  wine,  to  be  granted  to  any  person  who  shall  take 
out  a  licence  for  retailing  of  spirituous  liquors,  within  the  said 
colonies  and  plantations,  a  stamp  duty  of  three  pounds. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
probate  of  a  will,  letters  of  administration,  or  of  guardianship 
for  any  estate  above  the  value  of  twenty  pounds  sterling  money; 
within  the  British  colonies  and  plantations  upon  the  continent 
of  America,  the  islands  belonging  thereto,  and  the  Bermuda  and 
Bahama  islands,  a  stamp  duty  of  five  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
probate,  letters  of  administration  or  of  guardianship,  within  all 
other  parts  of  the  British  dominions  in  America,  a  stamp  duty 
of  ten  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  bond 
for  securing  the  payment  of  any  sum  of  money,  not  exceeding  the 
sum  of  ten  pounds  sterling  money,  within  the  British  colonies 
and  plantations  upon  the  continent  of  America,  the  islands  be 
longing  thereto,  and  the  Bermuda  and  Bahama  islands,  a  stamp 
duty  of  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  bond 
for  securing  the  payment  of  any  sum  of  money  above  ten  pounds, 
and  not  exceeding  the  sum  of  twenty  pounds  sterling  money, 
within  such  colonies,  plantations,  and  islands,  a  stamp  duty  of 
one  shilling. 


286  STAMP  ACT  [March  22 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  bond 
for  securing  the  payment  of  any  sum  of  money  above  twenty 
pounds,  and  not  exceeding  forty  pounds  sterling  money,  within 
such  colonies,  plantations,  and  islands,  a  stamp  duty  of  one  shil 
ling  and  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  order 
or  warrant  for  surveying  or  setting  out  any  quantity  of  land,  not 
exceeding  one  hundred  acres,  issued  by  any  governor,  proprietor, 
or  any  publick  officer  alone,  or  in  conjunction  with  any  other 
person  or  persons,  or  with  any  council,  or  any  council  and  assem 
bly,  within  the  British  colonies  and  plantations  in  America^  a 
stamp  duty  of  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
order  or  warrant  for  surveying  or  setting  out  any  quantity  of  land 
above  one  hundred,  and  not  exceeding  two  hundred  acres,  within 
the  said  colonies  and  plantations,  a  stamp  duty  of  one  shilling. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
order  or  warrant  for  surveying  or  setting  out  any  quantity  of  land 
above  two  hundred,  and  not  exceeding  three  hundred  and  twenty 
acres,  and  in  proportion  for  every  such  order  or  warrant  for 
surveying  or  setting  out  every  other  three  hundred  and  twenty 
acres,  within  the  said  colonies  and  plantations,  a  stamp  duty  of 
one  shilling  and  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  origi 
nal  grant,  or  any  deed,  mesne  conveyance,  or  other  instrument 
whatsoever,  by  which  any  quantity  of  land  not  exceeding  one 
hundred  acres  shall  be  granted,  conveyed,  or  assigned,  within  the 
British  colonies  and  plantations  upon  the  continent  of  America, 
the  islands  belonging  thereto,  and  the  Bermuda  and  Bahama 
islands  (except  leases  for  any  term  not  exceeding  the  term  of 
twenty  one  years)  a  stamp  duty  of  one  shilling  and  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
original  grant  ...  by  which  any  quantity  of  land  above  one 
hundred,  and  not  exceeding  two  hundred  acres,  shall  be  granted 
.  .  .  within  such  colonies,  plantations,  and  islands,  a  stamp  duty 
of  two  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
original  grant' ...  by  which  any  quantity  of  land  above  two 
hundred,  and  not  exceeding  Three  hundred  and  twenty  acres, 
shall  be  granted  .  .  .  and  in  proportion  for  every  such  grant  .  .  . 


1765]  STAMP  ACT  287 

granting  .  .  .  every  other  three  hundred  and  twenty  acres,  within 
such  colonies,  plantations,  and  islands,  a  stamp  duty  of  two  shil 
lings  and  six  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
original  grant  ...  by  which  any  quantity  of  land  not  exceeding 
one  hundred  acres  shall  be  granted  .  .  .  within  all  other  parts 
of  the  British  dominions  in  America,  a  stamp  duty  of  three 
shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
such  original  grant  ...  by  which  any  quantity  of  land  above 
one  hundred,  and  not  exceeding  two  hundred  acres,  shall  be 
granted  .  .  .  within  the  same  parts  of  the  said  dominions,  a 
stamp  duty  of  four  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
original  grant  .  .  .  whereby  any  quantity  of  land  above  two 
hundred,  and  not  exceeding  three  hundred  and  twenty  acres, 
shall  be  granted  .  .  .  and  in  proportion  for  every  such  grant  .  .  . 
granting  .  .  .  every  other  three  hundred  and  twenty  acres, 
within  the  same  parts  of  the  said  dominions,  a  stamp  duty  of 
five  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  grant, 
appointment,  or  admission,  of  or  to  any  publick  beneficial  office 
or  employment,  not  herein  before  charged,  above  the  value  of 
twenty  pounds  per  annum  sterling  money  in  salary,  fees,  and  per 
quisites,  or  any  exemplification  of  the  same,  within  the  British 
colonies  and  plantations  upon  the  continent  of  America,  the 
islands  belonging  thereto,  and  the  Bermuda  and  Bahama  islands 
(except  commissions  of  officers  of  the  army,  navy,  ordnance,  or 
militia,  and  of  justices  of  the  peace)  a  stamp  duty  of  four  pounds. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  such 
grant  .  .  .  within  all  other  parts  of  the  British  dominions  in 
America,  a  stamp  duty  of  six  pounds. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any  inden 
ture,  lease,  conveyance,  contract,  stipulation,  bill  of  sale,  charter 
party,  protest,  articles  of  apprenticeship,  or  covenant  (except  for 
the  hire  of  servants  not  apprentices,  and  also  except  such  other 
matters  as  are  herein  before  charged)  within  the  British  colonies 
and  plantations  in  America,  a  stamp  duty  of  two  shillings  and 
six  pence. 

For  every  skin  ...  on  which  any  warrant  or  order  for  auditing 


288  STAMP  ACT  [March  22 

any  publick  accounts,  beneficial  warrant,  order,  grant,  or  certifi 
cate,  under  any  publick  seal,  or  under  the  seal  or  sign  manual  of 
any  governor,  proprietor,  or  publick  officer  alone,  or  in  conjunc 
tion  with  any  other  person  or  persons,  or  with  any  council,  or  any 
council  and  assembly,  not  herein  before  charged,  or  any  passport 
or  let-pass,  surrender  of  office,  or  policy  of  assurance,  shall  be 
ingrossed  .  .  .  within  the  said  colonies  and  plantations  (except 
warrants  or  orders  for  the  service  of  the  navy,  army,  ordnance, 
or  militia,  and  grants  of  offices  under  twenty  pounds  per  annum 
in  salary,  fees,  and  perquisites)  a  stamp  duty  of  five  shillings. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
notarial  act,  bond,  deed,  letter  of  attorney,  procuration,  mort 
gage,  release,  or  other  obligatory  instrument,  not  herein  before 
charged,  within  the  said  colonies  and  plantations,  a  stamp  duty 
of  two  shillings  and  three  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
register,  entry,  or  inrollment  of  any  grant,  deed,  or  other  instru 
ment  whatsoever  herein  before  charged,  within  the  said  colonies 
and  plantations,  a  stamp  duty  of  three  pence. 

For  every  skin  ...  on  which  shall  be  ingrossed  .  .  .  any 
register,  .  .  .  not  herein  before  charged,  within  the  said  colonies 
and  plantations,  a  stamp  duty  of  two  shillings. 

And  for  and  upon  every  pack  of  playing  cards,  and  all  dice, 
which  shall  be  sold  or  used  within  the  said  colonies  and  planta 
tions,  the  several  stamp  duties  following  (that  is  to  say) 

For  every  pack  of  such  cards,  the  sum  of  one  shilling. 

And  for  every  pair  of  such  dice,  the  sum  of  ten  shillings. 

And  for  and  upon  every  paper,  commonly  called  a  pamphlet, 
and  upon  every  news  paper,  containing  publick  news,  intelli 
gence,  or  occurrences,  which  shall  be  printed,  dispersed,  and 
made  publick,  within  any  of  the  said  colonies  and  plantations, 
and  for  and  upon  such  advertisements  as  are  herein  after  men 
tioned,  the  respective  duties  following  (that  is  to  say) 

For  every  such  pamphlet  and  paper  contained  in  half  a  sheet, 
or  any  lesser  piece  of  paper,  which  shall  be  so  printed,  a  stamp 
duty  of  one  halfpenny,  for  every  printed  copy  thereof. 

For  every  such  pamphlet  and  paper  (being  larger  than  half  a 
sheet,  and  not  exceeding  one  whole  sheet)  which  shall  be  so 
printed,  a  stamp  duty  of  one  penny,  for  every  printed  copy 
thereof. 


1765]  STAMP  ACT  289 

For  every  pamphlet  and  paper  being  larger  than  one  whole 
sheet,  and  not  exceeding  six  sheets  in  octavo,  or  in  a  lesser  page, 
or  not  exceeding  twelve  sheets  in  quarto,  or  twenty  sheets  in 
folio,  which  shall  be  so  printed,  a  duty  after  the  rate  of  one 
shilling  for  every  sheet  of  any  kind  of  paper  which  shall  be  con 
tained  in  one  printed  copy  thereof. 

For  every  advertisement  to  be  contained  in  any  gazette,  news 
paper,  or  other  paper,  or  any  pamphlet  which  shall  be  so  printed, 
a  duty  of  two  shillings. 

For  every  almanack  or  calendar,  for  any  one  particular  year,  or 
for  any  time  less  than  a  year,  which  shall  be  written  or  printed 
on  one  side  only  of  any  one  sheet,  skin,  or  piece  of  paper  parch 
ment,  or  vellum,  within  the  said  colonies  and  plantations,  a 
stamp  duty  of  two  pence. 

For  every  other  almanack  or  calendar  for  any  one  particular 
year,  which  shall  be  written  or  printed  within  the  said  colonies 
and  plantations,  a  stamp  duty  of  four  pence. 

And  for  every  almanack  or  calendar  written  or  printed  within 
the  said  colonies  and  plantations,  to  serve  for  several  years, 
duties  to  the  same  amount  respectively  shall  be  paid  for  every 
such  year. 

For  every  skin  ...  on  which  any  instrument,  proceeding,  or 
other  matter  or  thing  aforesaid,  shall  be  ingrossed  .  .  .  within 
the  said  colonies  and  plantations,  in  any  other  than  the  English 
language,  a  stamp  duty  of  double  the  amount  of  the  respective 
duties  before  charged  thereon. 

And  there  shall  be  also  paid  in  the  said  colonies  and  planta 
tions,  a  duty  of  six  pence  for  every  twenty  shillings,  in  any  sum 
not  exceeding  fifty  pounds  sterling  money,  which  shall  be  given, 
paid,  contracted,  or  agreed  for,  with  or  in  relation  to  any  clerk 
or  apprentice,  which  shall  be  put  or  placed  to  or  with  any  master 
or  mistress  to  learn  any  profession,  trade,  or  employment. 

II.  And  also  a  duty  of  one  shilling  for  every  twenty  shillings, 
in  any  sum  exceeding  fifty  pounds,  which  shall  be  given,  paid, 
contracted,  or  agreed,  for,  with,  or  in  relation  to  any  such  clerk 
or  apprentice. 

III.  And  be  it  further  enacted  .  .  .  ,  That  every  deed,  instru 
ment,  note,  memorandum,  letter,  or  other  minument  or  writing, 
for  or  relating  to  the  payment  of  any  sum  of  money,  or  for  mak 
ing  any  valuable  consideration  for  or  upon  the  loss  of  any  ship, 


STAMP  ACT  [March  22 

vessel,  goods,  wages,  money,  effects,  or  upon  any  loss  by  fire, 
or  for  any  other  loss  whatsoever,  or  for  or  upon  any  life  or  lives, 
shall  be  construed,  deemed,  and  adjudged  to  be  policies  of  assur 
ance,  within  the  meaning  of  this  act:  and  if  any  such  deed,  .  .  . 
for  insuring,  or  tending  to  insure,  any  more  than  one  ship  or 
vessel  for  more  than  any  one  voyage,  or  any  goods  ...  or  other 
matter  or  thing  whatsoever,  for  more  than  one  voyage,  or  in  more 
than  one  ship  or  vessel,  or  being  the  property  of,  or  belonging 
to,  any  more  than  one  person,  or  any  particular  number  of  per 
sons  in  general  partnership,  or  any  more  than  one  body  politick 
or  corporate,  or  for  more  than  one  risque;  then,  in  every  such 
case,  the  money  insured  thereon,  or  the  valuable  consideration 
thereby  agreed  to  be  made,  shall  become  the  absolute  property  of 
the  insured,  and  the  insurer  shall  also  forfeit  the  premium  given 
for  such  insurance,  together  with  the  sum  of  one  hundred  pounds. 

IV.  And  be  it  further  enacted  .  .  .  ,  That  every  deed,  instru 
ment,  note,  memorandum,  letter,  or  other  minument  or  writing, 
between  the  captain  or  master  or  owner  of  any  ship  or  vessel, 
and  any  merchant,  trader,  or  other  person,   in   respect   to  the 
Freight  or  conveyance  of  any  money,  goods,  wares,  merchan 
dizes,  or  effects,  laden  or  to  be  laden  on  board  of  any  such  ship 
or  vessel,  shall  be  deemed  and  adjudged  to  be  a  charter  party 
within  the  meaning  of  this  act. 

V.  And  be  it  further  enacted  .   .  .  ,  That  all  books  and  pam 
phlets  serving  chiefly  for  the  purpose  of  an  almanack,  by  what 
soever  name  or  names  intituled  or  described,  are  and  shall  be 
charged  with  the  duty  imposed  by  this  act  on  almanacks,  but  not 
with  any  of  the  duties  charged  by  this  act  on  pamphlets,   or 
other  printed  papers  ;  any  thing  herein  contained  to  the  con 
trary  notwithstanding. 

VI.  Provided  always,  that  this  act  shall  not  extend  to  charge 
any  bills  of  exchange,  accompts,  bills  of  parcels,  bills  of  fees, 
or  any  bills  or  notes  not  sealed  for  payment  of  money  at  sight, 
or  upon  demand,  or  at  the  end  of  certain  days  of  payment. 

VII.  Provided,  That  nothing  in  this  act  contained  shall  ex 
tend  to  charge  the  probate  of  any  will,  or  letters  of  administra 
tion  to  the  effects  of  any  common  seaman  or  soldier,  who  shall 
die  in  his  Majesty's  service;  a  certificate  being  produced  from  the 
commanding  officer  of  the  ship  or  vessel,  or  troop  or  company 
in  which  such  seaman  or  soldier  served  at  the  time  of  his  death, 


1765]  STAMP  ACT  291 

and  oath,  or  if  by  a  quaker  a  solemn  affirmation,  made  of  the 
truth  thereof,  before  the  proper  judge  or  officer  by  whom  such 
probate  or  administration  ought  to  be  granted;  which  oath  or 
affirmation  such  judge  or  officer  is  hereby  authorized  and  required 
to  administer,  and  for  which  no  fee  or  reward  shall  be  taken. 

VIII.  Provided  always,  and  be  it  enacted,  That  until  after 
the  expiration  of  five  years  from  the  commencement  of  the 
said  duties,  no  skin  ...  on  which  any  instrument  .  .  .  shall  be 
ingrossed  .  .  .  ,  within  the  colonies  of  Quebec  or  Granada,  in 
any  other  than  the  English  language,  shall  be  liable  to  be  charged 
with  any  higher  stamp  duty  than  if  the  same  had  been  ingrossed 
...  in  the  English  language. 

IX.  Provided  always,  That  nothing  in  this  act  contained  shall 
extend  to  charge  with  any  duty,  any  deed,  or  other  instrument, 
which    shall    be    made    between    any    Indian    nation    and   the 
governor,    proprietor   of    any    colony,    lieutenant   governor,    or 
commander  in  chief  alone,   or  in  conjunction  with  any  other 
person   or   persons,   or  with   any  council,  or   any   council  and 
assembly  of  any  of  the  said  colonies  or  plantations,  for  or  relat 
ing  to  the  granting,  surrendering,  or  conveying,  any  lands  be 
longing  to  such  nation,  to,  for,  or  on  behalf  of  his  Majesty,  or 
any  such  proprietor,  or  to  any  colony  or  plantation. 

X.  Provided  always,  That  this  act  shall  not  extend  to  charge 
any  proclamation,   forms   of    prayer   and    thanksgiving,  or   any 
printed  votes  of  any  house  of  assembly  in  any  of  the  said  colo 
nies  and  plantations,  with  any  of  the  said  duties  on  pamphlets 
or  news  papers;  or  to  charge  any  books  commonly  used  in  any 
of  the  schools  within  the  said  colonies  and  plantations,  or  any 
books  containing  only  matters  of  devotion  or  piety;  or  to  charge 
any  single  advertisement  printed  by  itself,  or  the  daily  accounts 
or  bills  of  goods  imported  and  exported,   so  as  such  accounts 
or  bills  do  contain  no  other  matters  than  what  have  been  usually 
comprized  therein;  any  thing  herein  contained  to  the  contrary 
notwithstanding. 

XI.  Provided  always,    That   nothing   in   this   act  contained 
shall  extend  to  charge  with  any  of  the  said  duties,  any  vellum 
...  on  which  shall  only  be  engrossed  .  .  .  any  certificate  that 
shall  be  necessary  to  intitle  any  person  to  receive  a  bounty 
granted  by  act  of  parliament. 

XII.  And  be  it  further  enacted  .  .  .  ,  That  the  said  several 


2Q2  STAMP  ACT  [March  22 

duties  shall  be  under  the  management  of  the  commissioners,  for 
the  time  being,  of  the  duties  charged  on  stamped  vellum,  parch 
ment,  and  paper,  in  Great  Britain :  and  the  said  commissioners 
are  hereby  impovvered  and  required  to  employ  such  officers  under 
them,  for  that  purpose,  as  they  shall  think  proper;  and  to  use  such 
stamps  and  marks,  to  denote  the  stamp  duties  hereby  charged,  as 
they  shall  think  fit;  and  to  repair,  renew,  or  alter  the  same,  from 
time  to  time,  as  there  shall  be  occasion  ;  and  to  do  all  other 
acts,  matters,  and  things,  necessary  to  be  done,  for  putting  this 
act  in  execution  with  relation  to  the  duties  hereby  charged. 

XIII.  And  be  it  further  enacted  .  .  .  ,  That  the  commissioners 
for  managing  the  said  duties,  for  the  time  being,  shall  and  may 
appoint  a  fit  person  or  persons  to  attend  in  every  court  or  publick 
office  within  the  said  colonies  and  plantations,  to  take  notice  of 
the  vellum,  parchment,  or  paper,  upon  which  any  of  the  matters 
or  things  hereby  charged  with  a  duty  shall  be  ingrossed,  written, 
or  printed,  and  of  the  stamps  or  marks  thereupon,  and  of  all 
other  matters  and  things  tending  to  secure  the  said  duties;  and 
that  the  judges  in  the  several  courts,  and  all  other  persons  to 
whom  it  may  appertain,  shall,  at  the  request  of  any  such  officer, 
make  such  orders,  and  do  such  other  matters  and  things,  for 
the  better  securing  of   the  said  duties,  as  shall  be  lawfully  or 
reasonably  desired  in  that  behalf :    [said  officers  to  take  an  oath 
for  the  faithful  performance  of  their  duties.] 

XIV.  And  be  it  further  enacted  .  .  .  ,  That  the  said  commis 
sioners,  and  all  officers  to  be  employed  or  entrusted  by  or  under 
them  as  aforesaid,  shall,  from  time  to  time,  in  and  for  the  better 
execution  of  their  several  places  and  trusts,  observe  such  rules, 
methods,  and   orders,  as  they  respectively  shall,  from  time  to 
time,  receive  from  the  high  treasurer  of   Great  Britain,  or  the 
commissioners  of    the  treasury,  or  any  three  or  more  of    such 
commissioners  for  the  time  being;  and  that  the  said  commis 
sioners  for  managing  the  stamp  duties  shall  take  especial  care, 
that  the  several  parts  of  the  said  colonies  and  plantations  shall, 
from  time  to  time,  be  sufficiently  furnished  with  vellum,  parch 
ment,  and  paper,  stamped  or  marked  with  the  said  respective 
duties. 

XV.  And  be  it  further  enacted  .  .  .  ,  That  if  any  person  or 
persons  shall  sign,  ingross,  write,  print,  or  sell,  or  expose  to  sale, 
or  cause  to  be  signed,  ingrossed,  written,  printed,  or  sold,  or 


1765]  STAMP  ACT  293 

exposed  to  sale,  in  any  of 'the  said  colonies  or  plantations,  or  in 
any  other  part  of  his  Majesty's  dominions,  any  matter  or  thing, 
for  which  the  vellum  ...  is  hereby  charged  to  pay  any  duty, 
before  the  same  shall  be  marked  or  stamped  with  the  marks  or 
stamps  to  be  provided  as  aforesaid,  or  upon  which  there  shall 
not  be  some  stamp  or  mark  resembling  the  same;  or  shall  sign, 
ingross,  ...  or  expose  to  sale  .  .  .  ,  any  matter  or  thing  upon 
any  vellum  .  .  .  that  shall  be  marked  or  stamped  for  any  lower 
duty  than  the  duty  by  this  act  made  payable  in  respect  thereof; 
every  such  person  so  offending  shall,  for  every  such  offence,  for 
feit  the  sum  of  ten  pounds. 

XVI.  And  be  it  further  enacted  .  .  .  ,  That  no  matter  or  thing 
whatsoever,  by  this  act  charged  with  the  payment  of  a  duty,  shall 
be  pleaded  or  given  in  evidence,  or  admitted  in  any  court  within 
the  said  colonies  and  plantations,  to  be  good,  useful,  or  avail 
able    in   law  or   equity,  unless   the  same  shall   be   marked   or 
stamped,  in   pursuance  of   this   act,  with   the   respective   duty 
hereby  charged  thereon,  or  with  an  higher  duty. 

XVII.  Provided  nevertheless,  and  be  it  further  enacted  .  .  .  , 
That  if  any  vellum  .   .   .  containing  any  deed,   instrument,  or 
other  matter  or  thing,  shall  not  be  duly  stamped  in  pursuance 
of  this  act,  at  the  time  of  the  signing,  sealing,  or  other  execu 
tion,  or  the  entry  or  inrollment  thereof,  any  person  interested 
therein,  or  any  person  on  his  or  her  behalf,  upon  producing  the 
same  to  any  one  of  the  chief  distributors  of  stampt  vellum  .  .  .  , 
and  paying  to  him  the  sum  of  ten  pounds  for  every  such  deed, 
instrument,  matter,  or   thing,  and   also  double  the   amount  of 
the  duties  payable  in  respect  thereof,  shall  be  intitled  to  receive 
from  such  distributor,  vellum  .  .  .  stamped  pursuant  to  this  act, 
to  the  amount  of    the  money  so  paid;    a  certificate  being  first 
written  upon  every  such  piece  of  vellum  .  .  .  ,  expressing  the 
name  and  place  of  abode  of  the  person  by  or  on  whose  behalf 
such  payment  is  made,  the  general  purport  of  such  deed  .  .  .  , 
the  names  of  the  parties  therein,  and  of  the  witnesses  (if  any) 
thereto,  and  the  date  thereof,  which  certificate  shall  be  signed 
by  the  said  distributor;  and  the  vellum  .  .  .  shall  be  then  annexed 
to  such  deed,  ...  by  or  in  the  presence  of  such  distributor,  who 
shall  impress  a  seal  upon  wax,  to  be  affixed  on  the  part  where 
such  annexation  shall  be  made,  in  the  presence  of  a  magistrate, 
who  shall  attest  such  signature  and  sealing;  and  the  deed  .  .  . 


294  STAMP  ACT  [March  22 

from  thenceforth  shall  and  may,  with  the  vellum  ...  so  annexed, 
be  admitted  and  allowed  in  evidence  in  any  court  whatsoever, 
and  shall  be  as  valid  and  effectual  as  if  the  proper  stamps  had 
been  impressed  thereon  at  the  time  of  the  signing  .  .  .  thereof : 
and  the  said  distributor  shall,  once  in  every  six  months,  or 
oftener  if  required  by  the  commissioners  for  managing  the  stamp 
duties,  send  to  such  commissioners  true  copies  of  all  such  cer 
tificates,  and  an  account  of  the  number  of  pieces  of  vellum  .  .  . 
so  annexed,  and  of  the  respective  duties  impressed  upon  every 
such  piece. 

XVIII.  And  be  it  further  enacted  .  .  .  ,  That  if  any  person  shall 
forge,  counterfeit,  erase,  or  alter,  any  such  certificate,  every  such 
person  so  offending  shall  be  guilty  of  felony,  and  shall  suffer 
death  as  in  cases  of  felony  without  the  benefit  of  clergy. 

XIX.  And  be  it  further  enacted  .  .  .  That  if  any  person  or 
persons  shall,  in  the  said  colonies  or  plantations,  or  in  any  other 
part  of  his  Majesty's  dominions,  counterfeit  or  forge  any  seal, 
stamp,  mark,  type,  device,  or  label,  to  resemble  any  seal  .  .  . 
which  shall  be  provided  or  made  in  pursuance  of  this  act;  or 
shall  counterfeit  or  resemble  the  impression  of  the  same  upon 
any  vellum,  parchment,  paper,   cards,  dice  or  other  matter  or 
thing,  thereby  to  evade  the  payment  of  any  duty  hereby  granted; 
or  shall  make,  sign,  print,  utter,  vend,  or  sell,  any  vellum,  .  .  . 
with  such  counterfeit  mark  or  impression  thereon,  knowing  such 
mark  or  impression  to  be  counterfeited;  then  every  person  so 
offending  shall  be  adjudged  a  felon,  and  shall  suffer  death  as  in 
cases  of  felony  without  the  benefit  of  clergy. 

XX.  And  it  is  hereby  declared,  That  upon  any  prosecution  or 
prosecutions  for  such  felony,  the  dye,  tool,  or  other  instrument 
made  use  of  in  counterfeiting  or  forging  any  such  seal,  stamp, 
mark,  type,  device,  or  label,  together  with  the  vellum  .  .  .  hav 
ing  such  counterfeit  impression,  shall,  immediately  after  the  trial 
or  conviction  of  the  party  or  parties  accused,  be  broke,  defaced, 
or  destroyed,  in  open  court. 

XXI.  And  be  it  further  enacted  .  .  .  ,  That  if  any  register, 
publick  officer,  clerk,  or  other  person  in  any  court,  registry,  or 
office  within  any  of  the  said  colonies  or  plantations,  shall,  at  any 
time  after  the  said  first  day  of  November,  one  thousand  seven 
hundred  and  sixty  five,  enter,  register,  or  inroll,  any  matter  or 
thing  hereby  charged  with  a  stamp  duty,  unless  the  same  shall 


1765]  STAMP  ACT  295 

appear  to  be  duly  stamped;  in  every  such  case  such  register, 
publick  officer,  clerk,  or  other  person,  shall,  for  every  such 
offence,  forfeit  the  sum  of  twenty  pounds. 

XXII.  And  be  it  further  enacted  .  .  .  That  from  and  after  .  .  . 
[Nov.  i,  1765]  ...  if  any  counsellor,  clerk,  officer,  attorney, 
or  other  person,  to  whom  it  shall  appertain,  or  who  shall  be 
employed  or  intrusted,  in  the  said  colonies  .  .  .  ,  to  enter  or  file 
any  matter  or  thing  in  respect  whereof  any  duty  shall  be  payable 
by  virtue  of  this  act,  shall  neglect  to  enter,  file,  or  record  the 
same,  as  by  law  the  same  ought  to  be  entered,  filed,  or  recorded, 
within  the  space  of  four  months  after  he  shall  have  received  any 
money  for  or  in  respect  of  the  same,  or  shall  have  promised  or 
undertaken  so  to  do;  or  shall  neglect  to  enter,  file,  or  record,  any 
such  matter  or  thing,  before  any  subsequent,  further,  or  other 
proceeding,  matter,  or  thing,   in  the  same  suit,  shall  be  had, 
entered,   filed,   or  recorded;    that  then   every  such  counsellor, 
clerk,  officer,  attorney,  or  other  person  so  neglecting  or  offend 
ing,  in  each  of  the  cases  aforesaid,  shall  forfeit  the  sum  of  fifty 
pounds  for  every  such  offence. 

XXIII.  And  be  it  further  enacted,  .  .  .  That  if  any  person  or 
persons,  at  any  time  after  .  .  .  [Nov.  i,  1765]  .  .  .  shall  write, 
ingross,  or  print,  or  cause  to  be  written,  ingrossed,  or  printed,  in 
the  said  colonies  .  .  .  ,  or  any  other  part  of  his  said  Majesty's 
dominions,  either  the  whole  or  any  part  of  any  matter  or  thing 
whatsoever  in  respect  whereof  any  duty  is  payable  by  this  act, 
upon  any  part  of  any  piece  of  vellum  .  .  .  whereon  there  shall 
have  been  before  written  any  other  matter  or  thing  in  respect 
whereof  any  duty  was  payable  by  this  act;  or  shall  fraudulently 
erase,  or  cause  to  be  erased,  the  name  or  names  of  any  person 
or  persons,  or  any  sum,  date,  or  other  thing,  ingrossed,  written, 
or  printed,  in  such  matter  or  thing  as  aforesaid;  or  fraudulently 
cut,  tear,  or  get  off,  any  mark  or  stamp  from  any  piece  of  vellum 
.  .  .  ,  or  any  part  thereof,  with  intent  to  use  such  stamp  or  mark 
for  any  other  matter  or  thing  in  respect  whereof  any  duty  shall 
be  payable  by  virtue  of  this  act;  that  then,  and  so  often,  and 
in  every  such  case,  every  person  so  offending  shall,  for  every  such 
offence,  forfeit  the  sum  of  fifty  pounds. 

XXIV.  And  be  it  further  enacted  .  .  .  ,  That  every  matter  and 
thing,  in  respect  whereof  any  duty  shall  be  payable  in  pursuance 
of  this  act,  shall  be  ingrossed  ...  in  such  manner,  that  some 


296  STAMP  ACT  [March  22 

part  thereof  shall  be  either  upon,  or  as  near  as  conveniently  may 
be,  to  the  stamps  or  marks  denoting  the  duty;  upon  pain  that  the 
person  who  shall  ingross  ...  or  cause  to  be  ingrossed  .  .  .  any 
such  matter  or  thing  in  any  other  manner,  shall,  for  every  such 
offence,  forfeit  the  sum  of  five  pounds. 

XXV.  And  be  it  further  enacted  .  .  .  ,  That  every  officer  of 
each  court,  and  every  justice  of  the  peace  or  other  person  within 
the  said  colonies  .  .  .  ,  who  shall  issue  any  writ  or  process  upon 
which  a  duty  is  by  this  act  payable,  shall,  at  the  issuing  thereof, 
set  down  upon  such  writ  or  process  the  day  and  year  of  his 
issuing  the  same,  which  shall  be  entered  upon  a  remembrance, 
or  in  a  book  to  be  kept  for  that  purpose,  setting  forth  the  abstract 
of  such  writ  or  process;    upon  pain  to  forfeit  the  sum  of  ten 
pounds  for  every  such  offence. 

XXVI.  And,  for  the  better  collecting  and  securing  the  duties 
hereby  charged  on  pamphlets  containing  more  than  one  sheet  of 
paper  as  aforesaid,  be  it  further  enacted  .  .  .  ,  That  from  and 
after  .  .  .  [Nov.   i,   1765]  .  .  .  one  printed  copy  of  every  pam 
phlet  which  shall  be  printed  or  published  within  any  of  the  said 
colonies  .  .  .  ,  shall  within  the  space  of  fourteen  days  after  the 
printing   thereof,   be  brought  to   the   chief   distributor   in  the 
colony  .  .  .  where  such  pamphlet  shall  be  printed,  and  the  title 
thereof,  with  the  number  of  the  sheets  contained  therein,  and 
the  duty  hereby  charged  thereon,  shall  be  registered  or  entered 
in  a  book  to  be  there  kept  for  that  purpose;  which  duty  shall  be 
thereupon  paid  to  the  proper  officer  or  officers  appointed  to 
receive  the  same,  or  his  or  their  deputy  or  clerk,  who  shall 
thereupon  forthwith  give  a  receipt  for  the  same  on  such  printed 
copy,  to  denote  the  payment  of  the  duty  hereby  charged  on  such 
pamphlet;  and  if  any  such  pamphlet  shall  be  printed  or  pub 
lished,  and  the  duty  hereby  charged  thereon  shall  not  be  duly 
paid,  and  the  title  and  number  of  sheets  shall  not  be  registered, 
and  a  receipt  for  such  duty  given  on  one  copy,  where  required 
so  to  be,  within  the  time  herein  before  for  that  purpose  limited; 
that  then  the  author,  printer,  and  publisher,  and  all  other  per 
sons  concerned  in  or  about  the  printing  or  publishing  of  such 
pamphlet,  shall,  for  every  such  offence,  forfeit  the  sum  of  ten 
pounds,  and  shall  lose  all  property  therein,  and  in  every  other 
copy  thereof,  so  as  any  person  may  freely  print  and  publish  the 
same,  paying  the  duty  payable  in  respect  thereof  by  virtue  of  this 


1765]  STAMP  ACT  297 

act,  without  being  liable  to  any  action,  prosecution,  or  penalty 
for  so  doing. 

XXVII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  no  person 
whatsoever  shall  sell  or  expose  to  sale  any  such  pamphlet,  or  any 
news   paper,  without  the  true  respective  name  or  names,  and 
place  or  places  of  abode,  of  some  known  person  or  persons  by 
or  for  whom  the  same  was  really  and  truly  printed  or  published, 
shall  be  written  or  printed  thereon;  upon  pain  that  every  person 
offending  therein  shall,  for  every  such  offence,  forfeit  the  sum 
of  twenty  pounds. 

XXVIII.  And  be  it  further  enacted  .  .  .  ,  That  no  officer  ap 
pointed  for  distributing  stamped  vellum  ...  in  the  said  colonies 
.  .  .  ,  shall  sell  or  deliver  any  stamped  paper  for  printing  any 
pamphlet,  or  any  publick  news,  intelligence,  or  occurrences,  to 
be  contained  in  one  sheet,  or  any  lesser  piece  of  paper,  unless 
such  person  shall  give  security  to  the  said  officer,  for  the  pay 
ment  of  the  duties  for  the  advertisements  which  shall  be  printed 
therein  or  thereupon. 

XXIX.  And  whereas  it  may  be  uncertain  how  many  printed 
copies  of  the  said  printed  news  papers  or  pamphlets,  to  be  con 
tained  in  one  sheet  or  in  a  lesser  piece  of  paper,  may  be  sold; 
and  to  the  intent  the  duties  hereby  granted  thereupon  may  not 
be  lessened  by  printing  a  less  number  than  may  be  sold,  out  of 
a  fear  of  a  loss  thereby  in  printing  more  such  copies  than  will 
be  sold;  it  is  hereby  provided,  and  be  it  further  enacted  .  .  .  , 
That  the  proper  officer  or  officers  appointed  for  managing  the 
said  stamp  duties,  shall  and  may  cancel,  or  cause  to  be  cancelled, 
all  the  stamps  upon  the  copies  of  any  impression  of  any  news 
paper  or  pamphlet  contained  in  one  sheet,  or  any  lesser  piece 
of   paper,  which  shall  really  and  truly  remain  unsold,  and  of 
which  no  profit  or  advantage  has  been  made;  and  upon  oath,  or 
if  by  a  quaker,  upon  solemn  affirmation,  made  before  a  justice 
of  the  peace,  or  other  proper  magistrate,  that  all  such  copies, 
containing  the  stamps  so  tendered  to  be  cancelled,  are  really  and 
truly  remaining  unsold,  and  that  none  of  the  said  copies  have 
been  fraudulently  returned  or  rebought,  or  any  profit  or  advantage 
made    thereof;    which   oath   or   affirmation   such   magistrate    is 
hereby  authorized  to  administer,  and  to  examine  upon  oath  or 
affirmation  into  all  circumstances  relating  to  the  selling  or  dis 
posing  of  such  printed  copies,  shall  and  may  deliver,  or  cause 


298  STAMP  ACT  [March  22 

to  be  delivered,  the  like  number  of  other  sheets,  half  sheets, 
or  less  pieces  of  paper,  properly  stamped  with  the  same  respective 
stamps,  upon  payment  made  for  such  paper,  but  no  duty  shall 
be  taken  for  the  stamps  thereon;  any  thing  herein  contained  to 
the  contrary  notwithstanding:  and  the  said  commissioners  for 
managing  the  stamp  duties  for  the  time  being  are  hereby  im- 
powered,  from  time  to  time,  to  make  such  rules  and  orders  for 
regulating  the  methods,  and  limiting  the  times,  for  such  can 
celling  and  allowance  as  aforesaid,  with  respect  to  such  news 
papers  and  pamphlets,  as  they  shall,  upon  experience  and  con 
sideration  of  the  several  circumstances,  find  necessary  or  con 
venient,  for  the  effectual  securing  the  duties  thereon,  and  doing 
justice  to  the  persons  concerned  in  the  printing  and  publishing 
thereof. 

XXX.  Provided  always,  and  be  it  further  enacted  .  .  .  ,  That 
any  officer  or  officers  employed  by  the  said  commissioners  for 
managing  the  stamp  duties,  shall  and  may  deliver  to  any  person, 
by  or  for  whom  any  almanack  or  almanacks  shall  have  been 
printed,  paper  marked  or  stamped  according  to  the  true  intent 
and  meaning  hereof,  for  the  printing  such  almanack  or  alman 
acks,  upon  his  or  her  giving  sufficient  security  to  pay  the  amount 
of  the  duty  hereby  charged  thereon,  within  the  space  of  three 
months  after  such  delivery;   and  that  the  said  officer  or  officers, 
upon  bringing  to  him  or  them  any  number  of  the  copies  of  such 
almanacks,   within  the   space  of   three  months  from   the   said 
delivery  and  request  to  him  or  them  in  that  behalf  made,  shall 
cancel  all  the  stamps  upon  such  copies,  and  abate  to  every  such 
person  so  much  of  the  money  due  upon  such  security  as  such 
cancelled  stamps  shall  amount  to. 

XXXI.  Provided  always,  That  where  any  almanack  shall  con 
tain  more  than  one  sheet  of  paper,  it  shall  be  sufficient  to  stamp 
only  one  of   the  sheets  or  pieces  of  paper  upon  which  such 
almanack  shall  be  printed,  and  to  pay  the  duty  accordingly. 

XXXII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from  and 
after  the  said  first  day  of  November,  one  thousand  seven  hundred 
and  sixty  five,  in  case  any  person  or  persons,  within  any  of  the 
said  colonies   .    .    .    ,   shall  sell,   hawk,  carry  about,  utter,   or 
expose  to  sale,  any  almanack,  or  calendar,  or  any  news  paper, 
or  any  book,  pamphlet,  or  paper,  deemed  or  construed  to  be,  or 
serving  the  purpose  of,  an  almanack  or  news  paper,  within  the 


1765]  STAMP  ACT  299 

intention  and  meaning  of  this  act,  not  being  stamped  or  marked 
as  by  this  act  is  directed;  every  such  person,  shall  for  every  such 
offence,  forfeit  the  sum  of  forty  shillings. 

XXXIII.  And  be  it  further  enacted  .  .  .  ,  That  from  and  after 
.  .  .  [Nov.  i,  1765]  .  .  .  ,  the  full  sum  or  sums  of  money,  or 
other  valuable  consideration  received,  or  in  any  wise  directly  or 
indirectly  given,  paid,  agreed,  or  contracted,  for,  with,  or  in 
relation  to  any  clerk  or  apprentice,  within  any  of  the  said  colo 
nies  .  .  .  ,  shall  be  truly  inserted,  or  written  in  words  at  length, 
in  some  indenture  or  other  writing  which  shall  contain  the 
covenants,  articles,  contracts,  or  agreements,  relating  to  the 
service  of  such  clerk  or  apprentice;  and  shall  bear  date  upon  the 
day  of  the  signing,  sealing,  or  other  execution  of  the  same, 
upon  pain  that  every  master  or  mistress  to  or  with  whom,  or  to 
whose  use,  any  sum  of  money,  or  other  valuable  consideration 
whatsoever,  shall  be  given,  paid,  secured,  or  contracted,  for  or 
in  respect  of  any  such  clerk  or  apprentice,  which  shall  not  be 
truly  and  fully  so  inserted  and  specified  in  some  such  indenture, 
or  other  writing,  shall,  for  every  such  offence,  forfeit  double  the 
sum,  or  double  the  amount  of  any  other  valuable  consideration 
so  given,  paid,  agreed,  secured,  or  contracted  for;  to  be  sued  for 
and  recovered  at  any  time,  during  the  term  specified  in  the 
indenture  or  writing  for  the  service  of  such  clerk  or  apprentice, 
or  within  one  year  after  the  determination  thereof;  and  that  all 
such  indentures,  or  other  writings,  shall  be  brought,  within  the 
space  of  three  months,  to  the  proper  officer  or  officers,  ap 
pointed  by  the  said  commissioners  for  collecting  the  said  duties 
within  the  respective  colony  or  plantation;  and  the  duty  hereby 
charged  for  the  sums,  or  other  valuable  consideration  inserted 
therein,  shall  be  paid  by  the  master  or  mistress  of  such  clerk  or 
apprentice  to  the  said  officer  or  officers,  who  shall  give  receipts 
for  such  duty  on  the  back  of  such  indentures  or  other  writings; 
and  in  case  the  duty  shall  not  be  paid  within  the  time  before 
limited,  such  master  or  mistress  shall  forfeit  double  the  amount 
of  such  duty. 

[XXXIV.  In  case  the  fee  is  not  inserted,  and  the  duty  paid, 
the  indenture  shall  be  void.] 

XXXV.  And  be  it  further  enacted  .  .  .  ,  That  if  any  master  or 
mistress  of  any  clerk  or  apprentice  shall  neglect  to  pay  the  said 
duty,  within  the  time  herein  before  limited,  and  any  such  clerk 


300  STAMP  ACT  [March  22 

or  apprentice  shall  in  that  case  pay,  or  cause  to  be  paid,  to  the 
amount  of  double  the  said  duty,  either  during  the  term  of  such 
clerkship  or  apprenticeship,  or  within  one  year  after  the  deter 
mination  thereof,  such  master  or  mistress  not  having  then  paid 
the  said  double  duty  although  required  by  such  clerk  or  appren 
tice  so  to  do;  then,  and  in  such  case,  it  shall  and  may  be  lawful 
to  and  for  such  clerk  or  apprentice,  within  three  months  after 
such  payment  of  the  said  double  duty,  to  demand  of  such  master 
or  mistress,  or  his  or  her  executors  or  administrators,  such  sum 
or  sums  of  money,  or  valuable  consideration,  as  was  or  were  paid 
to  such  master  or  mistress,  for  or  in  respect  of  such  clerkship  or 
apprenticeship;  and  in  case  such  sum  or  sums  of  money,  or 
valuable  consideration,  shall  not  be  paid  within  three  months 
after  such  demand  thereof  made,  it  shall  and  may  be  lawful  to  and 
for  any  such  clerk  or  apprentice,  or  any  other  person  or  persons 
on  his  or  her  behalf,  to  sue  for  and  recover  the  same,  in  such 
manner  as  any  penalty  hereby  inflicted  may  be  sued  for  and  re 
covered;  and  such  clerks  or  apprentices  shall,  immediately  after 
payment  of  such  double  duty,  be  and  are  hereby  discharged  from 
their  clerkships  or  apprenticeships,  and  from  all  actions,  penal 
ties,  forfeitures,  and  damages,  for  not  serving  the  time  for  which 
they  were  respectively  bound,  contracted  for,  or  agreed  to  serve, 
and  shall  have  such  and  the  same  benefit  and  advantage  of  the 
time  they  shall  respectively  have  continued  with  and  served  such 
master  or  mistress,  as  they  would  have  been  intitled  to  in  case 
such  duty  had  been  paid  by  such  master  or  mistress,  within  the 
time  herein  before  limited  for  that  purpose. 

[Sec.  XXXVI.  prescribes  a  form  of  notice  to  accompany  printed 
indentures,  in  accordance  with  the  requirement  of  Sec.  XXXV.] 

XXXVII.  And,  for  the  better  securing  the  said  duty  en  playing 
cards  and  dice;  be  it  further  enacted  .  .  .  ,  That  from  and  after 
.  .  .  [Nov.  i,  1765]  .  .  .  ,  no  playing  cards  or  dice  shall  be 
sold,  exposed  to  sale,  or  used  in  play,  within  the  said  colonies 
.  .  .  ,  unless  the  paper  and  thread  inclosing,  or  which  shall  have 
inclosed,  the  same,  shall  be  or  shall  have  been  respectively  sealed 
and  stamped,  or  marked,  and  unless  one  of  the  cards  of  each 
pack  or  parcel  of  cards,  so  sold,  shall  be  also  marked  or  stamped 
on  the  spotted  or  painted  side  thereof  with  such  mark  or  marks 
as  shall  have  been  provided  in  pursuance  of  this  act,  upon  pain 
that  every  person  who  shall  sell,  or  expose  to  sale,  any  such  cards 


1765]  STAMP  ACT  301 

or  dice  which  shall  not  have  been  so  respectively  sealed,  marked, 
or  stamped,  as  hereby  is  respectively  required,  shall  forfeit  for 
every  pack  or  parcel  of  cards,  and  every  one  of  such  dice  so  sold 
or  exposed  to  sale,  the  sum  of  ten  pounds. 

XXXVIII.  And  it  is  hereby  enacted  .  .  .  ,  That  if  any  person 
within  the  said  colonies  or  plantations,  or  any  other  part  of  his 
Majesty's  dominions,  shall  sell  or  buy  any  cover  or  label  which 
has  before  been  made  use  of  for  denoting  the  said  duty  upon 
cards,  in  order  to  be  made  use  of  for  the  inclosing  any  pack  or 
parcel  of  cards;  every  person  so  offending  shall,  for  every  such 
offence,  forfeit  twenty  pounds. 

XXXIX.  Provided  always,  and  be  it  enacted  .  .  .  ,  That  if 
either  the  buyer  or  seller  of  any  such  cover  or  label  shall  inform 
against  the  other  party  concerned  in  buying  or  selling  such  cover 
or  label,  the  party  so  informing  shall  be  admitted  to  give  evi 
dence  against  the  party  informed  against,  and  shall  be  indemnified 
against  the  said  penalties. 

[XL.  Penalty  of  £20  for  fraudulently  enclosing  cards  in  a 
stamped  cover  previously  used.] 

XLI.  And  be  it  further  enacted  .  .  .  ,  That  from  and  after 
.  .  .  [Nov.  i,  1765]  .  .  .  ,  every  clerk,  officer,  and  other  person 
employed  or  concerned  in  granting,  making  out,  or  delivering 
licences  for  retailing  spirituous  liquors  or  wine  within  any  of 
the  said  colonies  .  .  .  ,  shall,  and  he  is  hereby  required  and 
directed,  within  two  months  after  delivering  any  such  licences, 
to  transmit  to  the  chief  distributor  of  stamped  vellum,  parch 
ment,  and  paper,  a  true  and  exact  list  or  account  of  the  number 
of  licences  so  delivered,  in  which  shall  be  inserted  the  names 
of  the  persons  licensed,  and  the  places  where  they  respectively 
reside;  and  if  any  such  clerk,  officer,  or  other  person  shall 
refuse  or  neglect  to  transmit  any  such  list  or  account  to  such 
distributor,  or  shall  transmit  a  false  or  untrue  one,  then,  and  in 
every  such  case,  such  clerk,  officer,  or  other  person,  shall,  for 
every  such  offence,  forfeit  fifty  pounds. 

XLII.  And  be  it  further  enacted  .  .  .  ,  That  licences  for  sell 
ing  or  uttering  by  retail  spirituous  liquors  or  wine  within  any 
of  the  said  colonies  .  .  .  ,  shall  be  in  force  and  serve  for  no 
longer  than  one  year  from  the  date  of  each  licence  respectively. 

XLIII.  Provided  nevertheless,  and  be  it  enacted  .  .  .  ,  That 
if  any  person  licenced  to  sell  spirituous  liquors  or  wine,  shall 


302  STAMP  ACT  [March  22 

die  or  remove  from  the  house  or  place  wherein  such  spirituous 
liquors  or  wine  shall,  by  virtue  of  such  licence,  be  sold,  it  shall 
and  may  be  lawful  for  the  executors,  administrators,  or  assigns 
of  such  person  so  dying  or  removing,  who  shall  be  possessed  of 
such  house  or  place,  or  for  any  occupier  of  such  house  or  place, 
to  sell  spirituous  liquors  or  wine  therein  during  the  residue  of 
the  term  for  which  such  licence  shall  have  been  granted,  with 
out  any  new  licence  to  be  had  or  obtained  in  that  behalf.  .  .  . 

XLIV.  And  it  is  hereby  enacted  .  .  .  ,  That  if  any  person  or 
persons  shall  sell  or  utter  by  retail,  that  is  to  say,  in  any  less 
quantity  than  one  gallon  at  any  one  time,  any  kind  of  wine,  or 
any  liquor  called  or  reputed  wine,  or  any  kind  of  spirituous  liq 
uors,  in  the  said  colonies  .  .  .  ,  without  taking  out  such  licence 
yearly  and  every  year,  he,  she,  or  they  so  offending  shall,  for  every 
such  offence,  forfeit  the  sum  of  twenty  pounds. 

XLV.  And  be  it  further  enacted  .  .  .  ,  That  every  person  who 
shall  retail  spirituous  liquors  or  wine  in  any  prison  or  house  of 
correction,  or  any  workhouse  appointed  or  to  be  appointed  for 
the  reception  of  poor  persons  within  any  of  the  said  colonies 
.  .  .  ,  shall  be  deemed  a  retailer  of  spirituous  liquors  or  wine 
within  this  act. 

XLVI.  Provided  always,  and  be  it  further  enacted  .  .  .  , 
That  if  at  any  time  after  .  .  .  [Nov.  i,  1765]  .  .  .  ,  there  shall 
not  be  any  provision  made  for  licensing  the  retailers  of  wine  or 
spirituous  liquors,  within  any  of  the  said  colonies  .  .  .  ,  then,  and 
in  every  such  case,  and  during  such  time  as  no  provision  shall  be 
made,  such  licences  shall  and  may  be  granted  for  the  space  of  one 
year,  and  renewed  from  time  to  time  by  the  governor  or  com 
mander  in  chief  of  every  such  respective  colony  or  plantation. 

XLVII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  every 
person  who  shall  at  any  one  time  buy  of  any  chief  distributor 
within  any  of  the  said  colonies  .  .  .  ,  vellum,  parchment,  or 
paper,  the  duties  whereof  shall  amount  to  five  pounds  sterling 
money  of  Great  Britain,  or  upwards,  shall  be  allowed  after  the 
rate  of  four  pounds  per  centum,  upon  the  prompt  payment  of 
the  said  duties  to  such  chief  distributor. 

XLVIII.  And  be  it  further  enacted  .  .  .  ,  That  all  publick 
clerks  or  officers  within  the  said  colonies  .  .  .  ,  who  shall  from 
time  to  time  have  in  their  custody  any  publick  books,  or  other 
matters  or  things  hereby  charged  with  a  stamp  duty,  shall,  at  any 


1765]  STAMP  ACT  303 

seasonable  time  or  times,  permit  any  officer  or  officers  there 
unto  authorized  by  the  said  commissioners  for  managing  the 
stamp  duties,  to  inspect  and  view  all  such  publick  books,  mat 
ters,  and  things,  and  to  take  thereout  such  notes  and  memoran 
dums  as  shall  be  necessary  for  the  purpose  of  ascertaining  or 
securing  the  said  duties,  without  fee  or  reward;  upon  pain  that 
every  such  clerk  or  other  officer  who  shall  refuse  or  neglect  so 
to  do,  upon  reasonable  request  in  that  behalf  made,  shall,  for 
every  such  refusal  or  neglect,  forfeit  the  sum  of  twenty  pounds. 

XLIX.  And  be  it  further  enacted  .  .  .  ,  That  the  high  treas 
urer  of  Great  Britain,  or  the  commissioners  of  his  Majesty's 
treasury,  or  any  three  or  more  of  such  commissioners,  for  the 
time  being,  shall  once  in  every  year  at  least,  set  the  prices  at 
which  all  sorts  of  stamped  vellum,  parchment,  and  paper,  shall 
be  sold  by  the  said  commissioners  for  managing  the  stamp  duties, 
and  their  officers;  and  that  the  said  commissioners  for  the  said 
duties  shall  cause  such  prices  to  be  marked  upon  every  such  skin 
and  piece  of  vellum  and  parchment,  and  sheet  and  piece  [of] 
paper:  and  if  any  officer  or  distributor  to  be  appointed  by  virtue 
of  this  act,  shall  sell,  or  cause  to  be  sold,  any  vellum,  parchment, 
or  paper,  for  a  greater  or  higher  price  or  sum,  than  the  price  or 
sum  so  set  or  affixed  thereon;  every  such  officer  or  distributor 
shall,  for  every  such  offence,  forfeit  the  sum  of  twenty  pounds. 

[Sections  L.-LII.  require  regular  accounts  to  be  submitted  by 
officers  appointed  under  the  act,  and  prescribe  penalties  for 
refusal,  and  for  misappropriation  of  funds.] 

LI II.  And  be  it  further  enacted  .  .  .  ,  That  the  comptroller 
or  comptrollers  for  the  time  being  of  the  duties  hereby  imposed, 
shall  keep  perfect  and  distinct  accounts  in  books  fairly  written 
of  all  the  monies  arising  by  the  said  duties;  and  if  any  such 
comptroller  or  comptrollers  shall  neglect  his  or  their  duty  therein, 
then  he  or  they,  for  every  such  offence,  shall  forfeit  the  sum  of 
one  hundred  pounds. 

LIV.  And  be  it  further  enacted  .  .  .  ,  That  all  the  monies 
which  shall  arise  by  the  several  rates  and  duties  hereby  granted 
(except  the  necessary  charges  of  raising,  collecting,  recovering, 
answering,  paying,  and  accounting  for  the  same,  and  the  necessary 
charges  from  time  to  time  incurred  in  relation  to  this  act,  and 
the  execution  thereof)  shall  be  paid  into  the  receipt  of  his  Maj 
esty's  exchequer,  and  shall  be  entered  separate  and  apart  from 


304  STAMP  ACT  [March  22 

all  other  monies,  and  shall  be  there  reserved  to  be  from  time  to 
time  disposed  of  by  parliament,  towards  further  defraying  the 
necessary  expences  of  defending,  protecting,  and  securing,  the 
said  colonies  and  plantations. 

[LV.  Until  the  said  duties  shall  take  effect,  the  expenses  of 
executing  the  act  to  be  met  from  the  sinking  fund.] 

[LVI.    Any  three  or  more  commissioners  impowered  to  act.] 

LVII.  [Forfeitures  and  penalties  incurred  after  Sept.  29,  1765, 
for  offences  against  the  Sugar  Act  (4  Geo.  III.,  c.  15,)],  and  for 
offences  committed  against  any  other  act  or  acts  of  Parliament 
relating  to  the  trade  or  revenues  of  the  said  colonies  or  planta 
tions;  shall  and  may  be  prosecuted,  sued  for,  and  recovered,  in 
any  court  of  record,  or  in  any  court  of  admiralty,  in  the  respec 
tive  colony  or  plantation  where  the  offence  shall  be  committed, 
or  in  any  court  of  vice  admiralty  appointed  or  to  be  appointed, 
and  which  shall  have  -jurisdiction  within  such  colony,  plantation, 
or  place,  (which  courts  of  admiralty  or  vice  admiralty  are  hereby 
respectively  authorized  and  required  to  proceed,  hear,  and  deter 
mine  the  same)  at  the  election  of  the  informer  or  prosecutor. 

LVIII.  [Penalties  and  forfeitures  incurred  for  offences  against 
this  act  to  be  sued  for  and  recovered  as  in  Sec.  LVII.] ;  and  that 
from  and  after  .  .  .  [Sept.  29,  1765]  .  .  .  ,  in  all  cases,  where 
any  suit  or  prosecution  shall  be  commenced  and  determined  for 
any  penalty  or  forfeiture  inflicted  by  this  act,  or  by  the  said  act 
made  in  the  fourth  year  of  his  present  Majesty's  reign,  or  by 
any  other  act  of  parliament  relating  to  the  trade  or  revenues 
of  the  said  colonies  or  plantations,  in  any  court  of  admirality  in 
the  respective  colony  or  plantation  where  the  offence  shall  be 
committed,  either  party,  who  shall  think  himself  aggrieved  by 
such  determination,  may  appeal  from  such  determination  to  any 
court  of  vice  admiralty  appointed  or  to  be  appointed,  and  which 
shall  have  jurisdiction  within  such  colony,  plantation,  or  place, 
(which  court  of  vice  admiralty  is  hereby  authorized  and  required 
to  proceed,  hear,  and  determine  such  appeal)  any  law,  custom, 
or  usage,  to  the  contrary  notwithstanding;  and  the  forfeitures 
and  penalties  hereby  inflicted,  which  shall  be  incurred  in  any 
other  part  of  his  Majesty's  dominions,  shall  and  may  be  prose 
cuted,  sued  for,  and  recovered,  with  full  costs  of  suit,  in  any 
court  of  record  within  the  kingdom,  territory,  or  place,  where 
the  offence  shall  be  committed,  in  such  and  the  same  manner  as 


1765]  STAMP  ACT  305 

any  debt  or  damage,  to  the  amount  of  such  forfeiture  or  penalty, 
can  or  may  be  sued  for  and  recovered. 

LIX.  And  it  is  hereby  further  enacted,  That  all  the  forfeitures 
and  penalties  hereby  inflicted  shall  be  divided,  paid,  and  applied, 
as  follows;  (that  is  to  say)  one  third  part  of  all  such  forfeitures 
and  penalties  recovered  in  the  said  colonies  and  plantations, 
shall  be  paid  into  the  hands  of  one  of  the  chief  distributors  of 
stamped  vellum,  parchment,  and  paper,  residing  in  the  colony 
or  plantation  wherein  the  offender  shall  be  convicted,  for  the 
use  of  his  Majesty,  his  heirs,  and  successors;  one  third  part 
of  the  penalties  and  forfeitures,  so  recovered,  to  the  governor 
or  commander  in  chief  of  such  colony  or  plantation;  and  the 
other  third  part  thereof,  to  the  person  who  shall  inform  or  sue 
for  the  same;  and  that  one  moiety  of  all  such  penalties  and 
forfeitures  recovered  in  any  other  part  of  his  Majesty's  domin 
ions,  shall  be  to  the  use  of  his  Majesty,  his  heirs,  and  succes 
sors,  and  the  other  moiety  thereof,  to  the  person  who  shall  inform 
or  sue  for  the  same. 

LX.  And  be  it  further  enacted  .  .  .  ,  That  all  the  offences 
which  are  by  this  act  made  felony,  and  shall  be  committed 
within  any  part  of  his  Majesty's  dominions,  shall  and  may  be 
heard,  tried,  and  determined,  before  any  court  of  law  within 
the  respective  kingdom,  territory,  colony,  or  plantation,  where 
the  offence  shall  be  committed,  in  such  and  the  same  manner 
as  all  other  felonies  can  or  may  be  heard,  tried,  and  determined, 
in  such  court. 

[LXI.    Governors  to  be  sworn  to  the  due  execution  of  this  act.] 

LXII.  And  be  it  further  enacted  .  .  .  ,  That  all  records, 
Writs,  pleadings,  and  other  proceedings  in  all  courts  whatsoever, 
and  all  deeds,  instruments,  and  writings  whatsoever,  hereby 
charged,  shall  be  ingrossed  and  written  in  such  manner  as  they 
have  been  usually  accustomed  to  be  ingrossed  and  written,  or 
are  now  ingrossed  and  written  within  the  said  colonies  and 
plantations. 

*********** 
x 


306  QUARTERING  ACT  [April 

>U 

No.  58.    Quartering  Act 

April,  1765 

FURTHER  to  carry  into  effect  the  plans  of  the  ministry  in  reference  to 
America,  the  annual  Mutiny  Act  of  1765  authorized  the  dispatch  to  the 
colonies  of  such  troops  as  might  be  deemed  necessary.  As  it  was  anticipated 
that  the  number  so  sent  would  be  greater  than  formerly,  the  Quartering  Act 
was  passed  to  provide  for  their  accommodation.  The  provisions  of  the  act 
were  reenacted  in  1775  (15  Geo.  III.,  c.  15),  and  made  applicable  to  the 
naval  forces  while  on  shore. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXVI.,  305-318. 
The  act  is  cited  as  5  Geo.  III.,  c.  33. 

An  act  to  amend  and  render  more  effectual,  in  his  Majesty's  domin 
ions  in  America,  an  act  passed  in  this  present  session  of  parlia 
ment,  intituled,  An  act  for  punishing  mutiny  and  desertion,  and 
for  the  better  payment  of  the  army  and  their  quarters. 

WHEREAS  in  and  by  an  act  made  in  the  present  session  of 
parliament,  intituled,  An  act  for  punishing  mutiny  and  desertion, 
and  for  the  better  payment  of  the  army  and  their  quarters  ;  several 
regulations  are  made  and  enacted  for  the  better  government  of  the 
army,  and  their  observing  strict  discipline,  and  for  providing 
quarters  for  the  army,  and  carriages  on  marches  and  other  neces 
sary  occasions,  and  inflicting  penalties  on  offenders  against  the  same 
act,  and  for  many  other  good  purposes  therein  mentioned ;  but  the 
same  may  not  be  sufficient  for  the  forces  that  may  be  employed  in 
his  Majesty's  dominions  in  America  :  and  whereas,  during  the  con 
tinuance  of  the  said  act,  there  may  be  occasion  for  marching  and 
quartering  of  regiments  and  companies  of  his  Majesty's  forces  in 
several  parts  of  his  Majesty's  dominions  in  America  :  and  whereas 
the  publick  houses  and  barracks,  in  his  Majesty's  dominions  in 
America,  may  not  be  sufficient  to  supply  quarters  for  such  forces : 
and  whereas  it  is  expedient  and  necessary  that  carriages  and  other 
conveniences,  upon  the  march  of  troops  in  his  Majesty's  dominions 
in  America,  should  be  supplied  for  that  purpose :  be  it  enacted  .  .  .  , 
That  for  and  during  the  continuance  of  this  act,  and  no  longer, 
it  shall  and  may  be  lawful  to  and  for  the  constables,  tithingmen, 
magistrates,  and  other  civil  officers  of  villages,  towns,  townships, 
cities,  districts,  and  other  places,  within  his  Majesty's  dominions 
in  America,  and  in  their  default  or  absence,  for  any  one  justice 


1765]  QUARTERING  ACT  307 

of  the  peace  inhabiting  in  or  near  any  such  village,  township, 
city,  district  or  place,  and  for  no  others;  and  such  constables, 
tythingmen,  magistrates,  and  other  civil  officers  as  aforesaid,  are 
hereby  required  to  billet  and  quarter  the  officers  and  soldiers,  in 
his  Majesty's  service,  in  the  barracks  provided  by  the  colonies; 
and  if  there  shall  not  be  sufficient  room  in  the  said  barracks  for 
the  officers  and  soldiers,  then  and  in  such  case  only,  to  quarter 
and  billet  the  residue  of  such  officers  and  soldiers,  for  whom 
there  shall  not  be  room  in  such  barracks,  in  inns,  livery  stables, 
ale-houses,  victualling-houses,  and  the  houses  of  sellers  of  wine 
by  retail  to  be  drank  in  their  own  houses  or  places  thereunto 
belonging,  and  all  houses  of  persons  selling  of  rum,  brandy,  strong 
water,  cyder  or  metheglin,  by  retail,  to  be  drank  in  houses;  and 
in  case  there  shall  not  be  sufficient  room  for  the  officers  and  sol 
diers  in  such  barracks,  inns,  victualling  and  other  publick  ale 
houses,  that  in  such  and  no  other  case,  and  upon  no  other 
account,  it  shall  and  may  be  lawful  for  the  governor  and  council 
of  each  respective  province  in  his  Majesty's  dominions  in  Amer 
ica,  to  authorize  and  appoint,  and  they  are  hereby  directed  and 
impowered  to  authorize  and  appoint,  such  proper  person  or  per 
sons  as  they  shall  think  fit,  to  take,  hire  and  make  fit,  and,  in 
default  of  the  said  governor  and  council  appointing  and  author 
izing  such  person  or  persons,  or  in  default  of  such  person  or  per 
sons  so  appointed  neglecting  or  refusing  to  do  their  duty,  in  that 
case  it  shall  and  may  be  lawful  for  any  two  or  more  of  his 
Majesty's  justices  of  the  peace  in  or  near  the  said  villages,  towns, 
townships,  cities,  districts,  and  other  places,  and  they  are  hereby 
required  to  take,  hire,  and  make  fit  for  the  reception  of  his 
Majesty's  forces,  such  and  so  many  uninhabited  houses,  out 
houses,  barns,  or  other  buildings,  as  shall  be  necessary,  to  quar 
ter  therein  the  residue  of  such  officers  and  soldiers  for  whom 
there  should  not  be  room  in  such  barracks  and  publick  houses  as 
aforesaid,  and  to  put  and  quarter  the  residue  of  such  officers  and 
soldiers  therein. 

II.  And  it  is  hereby  declared  and  enacted,  That  there  shall  be 
no  more  billets  at  any  time  ordered,  than  there  are  effective 
soldiers  present  to  be  quartered  therein:  and  in  order  that  this 
service  may  be  effectually  provided  for,  the  commander  in  chief 
in  America,  or  other  officer  under  whose  orders  any  regiment  or 
company  shall  march,  shall,  from  time  to  time,  give,  or  cause  to 


308  QUARTERING  ACT  [April 

be  given,  as  early  notice  as  conveniently  may  be,  in  writing, 
signed  by  such  commander  or  officer  of  their  march,  specifying 
their  numbers  and  time  of  marching  as  near  as  may  be,  to  the 
respective  governors  of  each  province  through  which  they  are  to 
march;  in  order  that  proper  persons  may  be  appointed  and 
authorized,  in  pursuance  of  this  act,  to  take  up  and  hire,  if  it 
shall  be  necessary,  uninhabited  houses,  outhouses,  barns,  or  other 
buildings,  for  the  reception  of  such  soldiers  as  the  barracks  and 
publick  houses  shall  not  be  sufficient  to  contain  or  receive. 

III.  [Military  officers  taking  upon  themselves  to  quarter  sol 
diers  contrary  to  this  act,  or  using  any  menace  to  a  civil  officer 
to  deter  him  from  his  duty,  to  be  cashiered.  Persons  aggrieved 
by  having  soldiers  quartered  upon  them  may  complain  to  justices 
of  the  peace,  and  be  relieved.] 

*##****###* 

V.  Provided  nevertheless,  and  it  is  hereby  enacted,  That  the 
officers  and  soldiers  so  quartered  and  billeted  as  aforesaid  (except 
such  as  shall  be  quartered  in  the  barracks,  and  hired  uninhabited 
houses,  or  other  buildings  as  aforesaid)  shall  be  received  and  fur 
nished  with  diet,  and  small  beer,  cyder,  or  rum  mixed  with  water, 
by  the  owners  of  the  inns,  livery  stables,  alehouses,  victualling- 
houses,  and  other  houses  in  which  they  are  allowed  to  be  quar 
tered  and  billeted  by  this  act;  paying  and  allowing  for  the  same 
the  several  rates  herein  after  mentioned  to  be  payable,  out  of  the 
subsistence-money,  for  diet  and  small  beer,  cyder,  or  rum  mixed 
with  water. 

VI.  Provided  always,  That  in  case  any  innholder,  or  other 
person,  on  whom  any  non-commission  officers  or  private  men 
shall  be  quartered  by  virtue  of  this  act,  in  any  of  his  Majesty's 
dominions  in  America  (except  on  a  march,  or  employed  in  re 
cruiting,  and  likewise  except  the  recruits  by  them  raised,  for  the 
space  of  seven  days  at  most,  for  such  non-commission  officers 
and  soldiers  who  are  recruiting,  and  recruits  by  them  raised)  shall 
be  desirous  to  furnish  such  non-commission  officers  or  soldiers 
with  candles,  vinegar,  and  salt,  and  with  small  beer  or  cyder, 
not  exceeding  five  pints,  or  half  a  pint  of  rum  mixed  with  a  quart 
of  water,  for  each  man  per  diem,  gratis,  and  allow  to  such  non- 
commission  officers  or  soldiers  the  use  of  fire,  and  the  necessary 
u[n]tensils  for  dressing  and  eating  their  meat,  and  shall  give 
notice  of  such  his  desire  to  the  commanding  officer,  and  shall 


1765]  QUARTERING   ACT  309 

furnish  and  allow  the  same  accordingly;  then,  and  in  such  case, 
the  non-commission  officers  and  soldiers  so  quartered  shall  pro 
vide  their  own  victuals;  and  the  officer  to  whom  it  belongs  to 
receive,  or  that  actually  does  receive,  the  pay  and  subsistence  of 
such  non-commission  officers  and  soldiers,  shall  pay  the  several 
sums  herein  after-mentioned  to  be  payable,  out  of  the  subsistence- 
money,  for  diet  and  small  beer,  to  the  non-commission  officers 
and  soldiers  aforesaid,  and  not  to  the  innholder  or  other  per 
son  on  whom  such  non-commission  officers  and  soldiers  are 
quartered.  .  .  . 

VII.  And  whereas  there  are  several  barracks  in  several  places 
in  his  Majesty's  said  dominions  in  America,  or  some  of  them, 
provided  by  the  colonies,  for  the  lodging  and  covering  of  soldiers 
in  lieu  of  quarters,  for  the  ease  and  conveniency  as  well  of  the 
inhabitants  of,  and  in  such  colonies,  as  of  the  soldiers;   it  is 
hereby  further  enacted,  That  all  such  officers  and  soldiers,  so  put 
and  placed  in  such  barracks,  or  in  hired  uninhabited  houses,  out 
houses,  barns,  or  other  buildings,  shall,  from  time  to  time,  be 
furnished  and  supplied  there  by  the  persons  to  be  authorized  or 
appointed  for  that  purpose  by  the  governor  and  council  of  each 
respective  province,  or  upon  neglect  or  refusal  of  such  governor 
and  council  in  any  province,  then  by  two  or  more  justices  of  the 
peace  residing  in  or  near  such  place,  with  fire,  candles,  vinegar, 
and  salt,  bedding,  utensils  for  dressing  their  victuals,  and  small 
beer  or  cyder,  not  exceeding  five  pints,  or  half  a  pint  of  rum 
mixed  with  a  quart  of  water,  to  each  man,  without  paying  any 
thing  for  the  same. 

VIII.  [Persons  taking  or  hiring  uninhabited  houses,  &c.,  for 
troops,  and  furnishing  supplies  as  aforesaid,  to  be  reimbursed  by 
the  province.] 

IX.  [Officers  taking  money  to  excuse  any  person  from  having 
soldiers  quartered  on  him,  to  be  cashiered.] 

*********** 

XI.  And  be  it  further  enacted  .  .  .  ,  That  if  any  constable, 
tythingman,  magistrate,  or  other  chief  officer  or  person  whatso 
ever,  who,  by  virtue  or  colour  of  this  act,  shall  quarter  or  billet, 
or  be  employed  in  quartering  or  billeting,  any  officers  or  soldiers, 
within  his  Majesty's  said  dominions  in  America,  shall  neglect  or 
refuse,  for  the  space  of  two  hours,  to  quarter  or  billet  such  officers 
or  soldiers,  when  thereunto  required,  in  such  manner  as  is  by 


310  QUARTERING  ACT  [April 

this  act  directed,  provided  sufficient  notice  be  given  before  the 
arrival  of  such  forces;  or  shall  receive,  demand,  contract,  or 
agree  for,  any  sum  or  sums  of  money,  or  any  reward  whatsoever, 
for  or  on  account  of  excusing,  or  in  order  to  excuse,  any  person 
or  persons  whatsoever  from  quartering,  or  receiving  into  his,  her, 
or  their  house  or  houses,  any  such  officer  or  soldier;  or  in  case 
any  victualler,  or  any  other  person  .  .  .  ,  liable  by  this  act  to 
have  any  officer  or  soldier  billeted  or  quartered  on  him  or  her, 
shall  refuse  to  receive  or  victual  any  such  officer  or  soldier  .  .  .  ; 
or  in  case  any  person  or  persons  shall  refuse  to  furnish  or  allow, 
according  to  the  directions  of  this  act,  the  several  things  herein 
before  directed  to  be  furnished  or  allowed  to  officers  and  soldiers, 
so  quartered  or  billeted  on  him  or  her,  or  in  the  barracks,  and 
hired  uninhabited  houses,  out-houses,  barns  or  other  buildings, 
as  aforesaid,  at  the  rate  herein  after  mentioned;  and  shall  be 
thereof  convicted  before  one  of  the  magistrates  of  any  one  of  the 
supreme  chief  or  principal  common  law  courts  of  the  colony 
where  such  offence  shall  be  committed,  either  by  his  own  con 
fession,  or  by  the  oath  of  one  or  more  credible  witness  or  wit 
nesses  (which  oath  such  magistrate  of  such  court  is  hereby 
impowered  to  administer)  every  such  constable,  tythingman, 
magistrate,  or  other  chief  officer  or  person  so  offending  shall  for 
feit,  for  every  such  offence,  the  sum  of  five  pounds  sterling,  or 
any  sum  of  money  not  exceeding  five  pounds,  nor  less  than  forty 
shillings,  as  the  said  magistrate  (before  whom  the  matter  shall 
be  heard)  shall  in  his  discretion  think  fit;  ...  and  shall  direct 
the  said  sum  of  five  pounds,  or  such  other  sum  as  shall  be  ordered 
to  be  levied  in  pursuance  of  this  act  as  aforesaid,  when  levied, 
to  be  paid  into  the  treasury  of  the  province  or  colony  where  the 
offence  shall  be  committed,  to  be  applied  towards  the  general 
charges  of  the  said  province  or  colony. 

*********** 

XIV.  And,  for  the  better  preventing  abuses  in  quartering  or 
billeting  the  soldiers  in  his  Majesty's  dominions  in  America,  in 
pursuance  of  this  act,  be  it  further  enacted  .  .  .  ,  That  it  shall 
and  may  be  lawful  to  and  for  any  one  or  more  justices  of  the 
peace,  or  other  officer,  within  their  respective  villages,  towns, 
townships,  cities,  districts,  or  other  places  .  .  .  ,  by  warrant  or 
order  under  his  or  their  hand  and  seal,  or  hands  and  seals,  at 
any  time  or  times  during  the  continuance  of  this  act,  to  require 


1765]  QUARTERING  ACT  311 

and  command  any  constable,  tithingman,  magistrate,  or  other 
chief  officer,  who  shall  quarter  or  billet  any  soldiers  in  pursuance 
of  this  act,  to  give  an  account  in  writing  unto  the  said  justice 
or  justices,  or  other  officer  requiring  the  same,  of  the  number 
of  officers  and  soldiers  who  shall  be  quartered  or  billeted  by 
them,  and  also  the  names  of  the  house-keepers  or  persons  upon 
whom,  and  the  barracks  and  hired  uninhabited  houses,  or  other 
buildings  as  aforesaid,  in  which  any  where  every  such  officer  or 
soldier  shall  be  quartered  or  billeted,  together  with  an  account 
of  the  street  or  place  where  every  such  house-keeper  or  person 
dwells,  and  where  every  such  barrack  or  hired  uninhabited  house 
or  building  is  or  are,  and  of  the  signs  (if  any)  which  belong  to 
their  houses;  to  the  end  that  it  may  appear  to  the  said  justice 
or  justices,  or  other  officer,  where  such  officers  or  soldiers  are 
quartered  or  billeted,  and  that  he  or  they  may  thereby  be  the 
better  enabled  to  prevent  or  punish  all  abuses  in  the  quartering 
or  billeting  them. 

XV.  And  be  it  further  enacted  .  .  .  ,  That  for  the  better  and 
more  regular  provision  of  carriages  for  his  Majesty's  forces  in 
their  marches,  or  for  their  arms,  cloaths,  or  accoutrements,  in 
his  Majesty's  said  dominions  in  America,  all  justices  of  the 
peace  within  their  several  villages,  towns,  townships,  cities, 
districts,  and  places,  being  duly  required  thereunto  by  an  order 
from  his  Majesty,  or  the  general  of  his  forces,  or  of  the  general 
commanding,  or  the  commanding  officer  there  shall,  as  often  as 
such  order  is  brought  and  shewn  unto  one  or  more  of  them,  by 
the  quarter-master,  adjutant,  or  other  officer  of  the  regiment, 
detachment,  or  company,  so  ordered  to  march,  issue  out  his  or 
their  warrants  to  the  constables,  tythingmen,  magistrates,  or 
other  officers  of  the  villages,  towns,  townships,  cities,  districts, 
and  other  places,  from,  through,  near,  or  to  which  such  regi 
ment,  detachment,  or  company,  shall  be  ordered  to  march, 
requiring  them  to  make  such  provision  for  carriages,  with  able 
men  to  drive  the  same,  as  shall  be  mentioned  in  the  said  war 
rant:  allowing  them  reasonable  time  to  do  the  same,  that  the 
neighbouring  parts  may  not  always  bear  the  burthen:  and  in 
case  sufficient  carriages  cannot  be  provided  within  any  such 
village  ...  or  other  place,  then  the  next  justice  or  justices  of 
the  peace  of  the  village  .  .  .  ,  or  other  place,  shall,  upon  such 
order  as  aforesaid  .  ,  issue  his  or  their  warrants  to  the  con- 


312  QUARTERING  ACT  [April 

stables  ...  or  other  officers,  of  such  next  village  ...  or  other 
place,  for  the  purposes  aforesaid,  to  make  up  such  deficiency; 
and  such  constable  ...  or  other  officer,  shall  order  or  appoint 
such  person  or  persons,  having  carriages,  within  their  respective 
villages  ...  or  other  places,  as  they  shall  think  proper,  to 
provide  and  furnish  such  carriages  and  men,  according  to  the 
warrant  aforesaid  ;  who  are  hereby  required  to  provide  and 
furnish  the  same  accordingly. 

XVI.  And  be  it  further  enacted,  That  the  pay  or  hire  for  a 
New  York  waggon,  carrying  twelve  hundred  pounds  gross  weight, 
shall  be  seven  pence  sterling  for  each  mile;  and  for  every  other 
carriage  in  that  and  every  other  colony  in  his  Majesty's  said 
dominions  in  America,  in  the  same  proportion;  and  at  or  after 
the  same  rate  or  price  for  what  weight  every  such  other  carriage 
shall  carry;  and  that  the  first  day's  pay  or  hire  for  every  such  car 
riage,  shall  be  paid  down  by  such  officer  to  such  constable  .  .  . 
or  other  civil  officer,  who  shall  get  or  procure  such  carriages,  for 
the  use  of  the  owner  or  owners  thereof;  and  the  pay  or  hire  for 
every  such  carriage  after  the  first  day,  shall  be  paid  every  day, 
from  day  to  day,  by  such  officer  as  aforesaid,  into  the  hands  of 
the  driver  or  drivers  of  such  carriages  respectively,  until  such 
carriages  shall  be  discharged  from  such  service,  for  the  use  of 
the  owner  and  owners  thereof. 

*********** 

XVIII.  Provided  also,  That  no  such  waggon,  cart,  or  carriage, 
shall  be  obliged  to  travel  more  than  one  day's  march,  if,  within 
that  time,  they  shall  arrive  at  any  other  place  where  other  car 
riages  may  be  procured;  but,  in  case  other  sufficient  carriages 
cannot  be  procured,  then  such  carriages  shall  be  obliged  to  con 
tinue  in  the  service  till  they  shall  arrive  at  such  village  ...  or 
other  place,  where  proper  and  sufficient  carriages,  for  the  service 
of  the  forces,  may  be  procured. 

XIX.  [Constables  and  others  neglecting  to  provide  carriages 
as  aforesaid,  to  forfeit  not  less  than  twenty  nor  more  than  forty 
shillings  for  each  offence.] 

XX.  [The  colony  to  repay  the  extra  expense  of  carriages,  if 
the  before-mentioned  allowance  be  insufficient.] 

XXI.  [Carriages  necessarily  taken  beyond  the  settlements,  to 
be  appraised,  and  if  lost  or  destroyed,  to  be  paid  for  according 
to  the  appraisal.] 


1765]  STAMP   ACT  CONGRESS  313 

XXVII.  And  be  it  further  enacted  .  .  .  ,  That  where  any 
troops  or  parties  upon  command  have  occasion  in  their  march, 
in  any  of  his  Majesty's  dominions  in  America,  to  pass  regular 
ferries,  it  shall  and  may  be  lawful  for  the  commanding  officer 
either  to  pass  over  with  his  party  as  passengers,  or  to  hire  the 
ferry-boat  entire  to  himself  and  his  party,  debarring  others  for 
that  time  in  his  option;  and  in  case  he  shall  chuse  to  take  passage 
for  himself  and  party  as  passengers  he  shall  only  pay  for  himself 
and  for  each  person,  officer  or  soldier,  under  his  command,  half 
of  the  ordinary  rate  payable  by  single  persons  at  any  such  ferry; 
and  in  case  he  shall  hire  the  ferry-boat  for  himself  and  party,  he 
shall  pay  half  of  the  ordinary  rate  for  such  boat  or  boats;  and 
in  such  places  where  there  are  no  regular  ferries,  but  that  all 
passengers  hire  boats  at  the  rate  they  can  agree  for,  officers  with 
or  without  parties  are  to  agree  for  boats  at  the  rates  that  other 
persons  do  in  the  like  cases. 

*********** 


No.  59.     Resolutions  of  the  Stamp  Act 
Congress 

October  ig,  1765 

IN  a  circular  letter  of  June  8,  1765,  the  Massachusetts  House  of  Represen 
tatives  proposed  to  the  other  colonies  the  appointment  of  committees  to  meet 
at  New  York,  in  October,  "  to  consult  together  on  the  present  circumstances 
of  the  colonies,  and  the  difficulties  to  which  they  are  and  must  be  reduced  by 
the  operation  of  the  acts  of  parliament,  for  levying  duties  and  taxes  on  the 
colonies  ;  and  to  consider  of  a  general  and  united,  dutiful,  loyal  and  humble 
representation  of  their  condition  to  his  majesty  and  to  the  parliament,  and  to 
implore  relief."  The  congress  met  October  7,  delegates,  variously  appointed, 
being  present  from  Massachusetts,  Rhode  Island,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  Maryland,  and  South  Carolina.  Timothy 
Ruggles  of  Massachusetts  was  chosen  chairman.  On  the  iQth  a  "  declaration 
of  the  rights  and  grievances  of  the  colonists  in  America,"  originally  drafted 
by  John  Dickinson,  a  delegate  from  Pennsylvania,  was  agreed  to;  on  the  22d 
a  petition  to  the  King,  also  drawn  by  Dickinson,  and  a  memorial  and  petition 
to  the  House  of  Lor$s,  were  approved,  followed  on  the  23d  by  a  petition  to 
the  Commons.  VAftd|  voting  to  recommend  to  the  several  colonies  the  ap 
pointment  of  speciar  agents  "  for  soliciting  relief  from  their  present  griev 
ances"  in  England,  the  congress  adjourned.)  Ruggles  did  not  assent  to  the 
declaration  of  the  congress,  and  was  later  censured  for  his  refusal  by  the 


314  STAMP  ACT  CONGRESS  [October  19 

Massachusetts  House  of  Representatives.  The  petition  to  the  Commons  was 
presented  in  that  body  January  27,  1 766,  and,  after  some  debate,  was  passed 
over  without  action. 

REFERENCES.  —  Text  in  Almon's  Prior  Documents,  27,  28.  The  journal 
of  the  congress  was  printed  in  Niles's  Weekly  Register,  II.,  337-342,  353- 
355,  and  reprinted  in  Niles's  Principles  and  Acts  of  the  Revolution.  Dick 
inson's  draft  is  in  his  Writings  (Ford's  ed.,  1895),  I.,  183-187.  The  best 
account  of  the  congress  is  that  of  Frothingham,  Rise  of  the  Republic,  chap.  5 ; 
see  also  two  letters  to  Thomas  McKean,  in  John  Adams's  Works,  X.,  60-63. 

The  members  of  this  Congress,  sincerely  devoted,  with  the 
warmest  sentiments  of  affection  and  duty  to  his  Majesty's  person 
and  government,  inviolably  attached  to  the  present  happy  estab 
lishment  of  the  Protestant  succession,  and  with  minds  deeply 
impressed  by  a  sense  of  the  present  and  impending  misfortunes 
of  the  British  colonies  on  this  continent;  having  considered  as 
maturely  as  time  will  permit,  the  circumstances  of  the  said  colo 
nies,  esteem  it  our  indispensible  duty  to  make  the  following 
declarations  of  our  humble  opinion,  respecting  the  most  essential 
rights  and  liberties  of  the  colonists,  and  of  the  grievances  under 
which  they  labour,  by  reason  of  several  late  acts  of  parliament. 

I.  That  his  Majesty's  subjects  in  these  colonies,  owe  the  same 
allegiance  to  the  crown  of  Great  Britain,  that  is  owing  from  his 
subjects  born  within  the  realm,  and  all  due  subordination  to  that 
august  body  the  parliament  of  Great-Britain. 

II.  That  his  Majesty's  liege  subjects  in  these  colonies,  are 
intitled  to  all  the  inherent  rights  and  liberties  of  his  natural  born 
subjects,  within  the  kingdom  of  Great-Britain. 

III.  That  it  is  inseparably  essential  to  the  freedom  of  a  people, 
and  the  undoubted  right  of  Englishmen,  that  no  Taxes  be  imposed 
on  them  but  with  their  own  consent,  given  personally,  or  by  their 
representatives. 

IV.  That  the  people  of  these  colonies  are  not,  and,  from  their 
local  circumstances,  cannot  be,  represented  in  the  House  of 
Commons  in  Great-Britain. 

V.  That  the  only  representatives  of  the  people  of  these  colo 
nies  are  persons  chosen  therein  by  themselves,  and  that  no  taxes 
ever  have  been,  or  can  be  constitutionally  imposed  on  them,  but 
by  their  respective  legislatures. 

VI.  That  all  supplies  to  the  crown  being  free  gifts  of  the 
people,  it  is  unreasonable  and  inconsistent  with  the  principles 


1765]  STAMP  ACT  CONGRESS  315 

and  spirit  of  the  British  constitution,  for  the  people  of  Great- 
Britain  to  grant  to  his  Majesty  the  property  of  the  colonists. 

VII.  That  trial  by  jury,  is  the  inherent  and  invaluable  right 
of  every  British  subject  in  these  colonies. 

VIII.  That  the  late  act  of  parliament,  entitled,  An  act  for 
granting  and  applying  certain  stamp  duties,  and  other  duties,  in  the 
British  colonies  and  plantations  in  America,  &c.  by  imposing 
taxes  on  the  inhabitants  of  these  colonies,  and  the  said  act,  and 
several  other  acts,  by  extending  the  jurisdiction  of  the  courts  of 
admiralty  beyond  its  ancient  limits,  have  a  manifest  tendency 
to  subvert  the  rights  and  liberties  of  the  colonists,/ 

IX.  That  the  duties  imposed  by  several  late  acts  of  parlia 
ment,  from   the   peculiar  circumstances  of   these  colonies,  will 
be  extremely  burthensome  and  grievous;  and  from  the  scarcity 
of  specie,  the  payment  of  them  absolutely  impracticable. 

X.  That  as  the  profits  of  the  trade  of  these  colonies  ultimately 
center  in  Great- Britain,  to  pay  for  the  manufactures  which  they 
are  obliged  to  take  from  thence,  they  eventually  contribute  very 
largely  to  all  supplies  granted  there  to  the  crown. 

XI.  That  the  restrictions  imposed  by  several  late  acts  of  par 
liament  on  the  trade  of  these  colonies,  will  render  them  unable 
to  purchase  the  manufactures  of  Great-Britain. 

XII.  That  the   increase,  prosperity  and  happiness  of   these 
colonies,  depend  on  the  full  and  free  enjoyments  of  their  rights 
and  liberties,  and  an  intercourse  with  Great-Britain  mutually 
affectionate  and  advantageous. 

XIII.  That  it  is  the  right  of  the  British  subjects  in  these  colo 
nies  to  petition  the  king,  or  either  house  of  parliament. 

Lastly,  That  it  is  the  indispensible  duty  of  these  colonies,  to 
the  best  of  sovereigns,  to  the  mother  country,  and  to  themselves, 
to  endeavour  by  a  loyal  and  dutiful  address  to  his  Majesty,  and 
humble  applications  to  both  houses  of  parliament,  to  procure  the 
repeal  of  the  act  for  granting  and  applying  certain  stamp  duties, 
of  all  clauses  of  any  other  acts  of  parliament,  whereby  the  juris 
diction  of  the  admiralty  is  extended  as  aforesaid,  and  of  the  other 
late  acts  for  the  restriction  of  American  commerce. 


316  DECLARATORY   ACT  [March  1 8 

No.  60.     Declaratory  Act 

March  18,  1766 

THE  first  legislative  protest  against  the  Stamp  Act  came  from  Virginia. 
May  30,  1765,  the  House  of  Burgesses  adopted  four  resolutions,  submitted  by 
Patrick  Henry,  declaring  that  "  The  General  Assembly  of  this  colony,  together^ 
with  his  Majesty  or  his  substitutes,  have,  in  their  representative  capacity,  the 
only  exclusive  right  and  power  to  lay  taxes  and  imposts  upon  the  inhabitants 
of  this  colony;  and  that  every  attempt  to  vest  such  power  in  any  other  person 
or  persons  whatever  than  the  General  Assembly  aforesaid,  is  illegal,  uncon- 
stitutional,  and  unjust,  and  have  \_nas]  a  manifest  tendency  to  destroy  British^/ 
as  well  as  American  liberty."  On  the  8th  of  June,  Massachusetts  issued  the 
call  for  the  Stamp  Act  congress.  The  Rockingham  ministry,  which  succeeded 
that  of  Grenville  in  July,  was  favorable  to  America;  and'Conway,  the  minister 
in  charge  of  colonial  affairs,  was  opposed  to  the  policy  of  taxing  the  colonies 
without  their  consent.  By  November  i,  the  date  on  which  the  Stamp  Act 
ywas  to  go  into  effect,  the  resolutions  of  assemblies  and  public  meetings,  and 
AJ  the  intimidation  and  violence  of  the  "  Sons  of  Liberty  "  and  others,  had  made 
the  execution  of  the  act  impossible,  even  if  stamps  could  have  been  had.  A 
circular  letter  from  Conway  to  the  governors,  dated  October  24,  urging  them 
to  do  their  utmost  to  maintain  law  and  order,  and  authorizing  them  to  call 
upon  the  military  and  naval  commanders  for  assistance,  if  necessary,  was 
unavailing.  At  the  opening  of  Parliament,  December  17,  papers  relating  to 
affairs  in  America  were  submitted.  Numerous  petitions  were  also  presented 
setting  forth  the  losses  which  the  Stamp  Act  had  inflicted  upon  British  trade.  A 
resolution  declaratory  of  the  right  of  Parliament  to  tax  the  colonies,  submitted 
February  3,  was  adopted  by  large  majorities.  On  the  6th  the  Lords,  by  a  vote 
of  59  to  54,  resolved  in  favor  of  executing  the  Stamp  Act;  but  a  similar  propo 
sition  in  the  Commons  was  rejected  by  a  vote  of  more  than  two  to  one.  On 
the  1 2th  the  King  announced  himself  favorable  to  modification  of  the  act; 
while  the  examination  of  Franklin  before  the  House  of^Commons  further 
strengthened  the  argument  for  repeal.  The  repeal  bill  and  the  declaratory 
bill  passed  the  Commons  March  4,  and  on  the  7th  the  declaratory  bill  passed 
the  Lords.  The  proposition  to  repeal  the  Stamp  Act,  however,  encountered 
strong  opposition  in  the  Lords,  where  33  members  entered  a  protest  against 
it  at  the  second  reading,  and  28  at  the  third;  but  on  the  1 7th  the  bill  passed, 
and  the  next  day  both  acts  received  the  royal  assent. 

REFERENCES.  —  Text\r\.  Pickering's  Statutes  at  Large,  XXVII.,  19,  20.  The 
act  is  cited  as  6  Geo.  III.,  c.  12.  The  act  of  repeal  is  6  Geo.  III.,  c.  n.  For 
the  debates,  see  the  Parliamentary  History,  XVI.,  and  the  Annual  Register 
(1766).  Franklin's  examination  is  in  his  Works  (Sparks's  ed.),  IV.,  161-198. 

An  act  for  the  better  securing  the  dependency  of  his  Majesty's  domin 
ions  in  America  upon  the  crown  and  parliament  of  Great  Britain. 

WHEREAS  several  of  the  houses  of  representatives  in  his  Maj 
esty's  colonies  and  plantations  in  America,  have  of  late,  against  law, 


1767]       ACT  SUSPENDING  THE  NEW  YORK  ASSEMBLY         317 

claimed  to  themselves,  or  to  the  general  assemblies  of  the  same,  the 
sole  and  exclusive  right  of  imposing  duties  and  taxes  upon  his 
Majesty's  subjects  in  the  said  colonies  and  plantations  ;  and  have, 
in  pursuance  of  such  claim,  passed  certain  votes,  resolutions,  and 
orders,  derogatory  to  the  legislative  authority  of  parliament,  and 
inconsistent  with  the  dependency  of  the  said  colonies  and  plantations 
upon  the  crown  of  Great  Britain :  ...  be  it  declared  .  .  yfThat 
the  said  colonies  and  plantations  in  America  have  been,  are,  and 
of  right  ought  to  be,  subordinate  unto,  and  dependent  upon  the 
imperial  crown  and  parliament  of  Great  Britain ;  and  that  the 
King's  majesty,  by  and  with  the  advice  and  consent  of  the  lords 
spiritual  and  temporal,  and  commons  of  Great  Britain,  in  parlia 
ment  assembled,  had,  hath,  and  of  right  ought  to  have,  full  power 
and  authority  to  make  laws  and  statutes  of  sufficient  force  and 
validity  to  bind  the  colonies  and  people  of  America,  subjects  of/ 
the  crown  of  Great  Britain,  in  all  cases  whatsoever. 

II.  And  be  it  further  declared  .  .  .  ,  That  all  resolutions,  votes, 
orders,  and  proceedings,  in  any  of  the  said  colonies  or  plantations, 
whereby  the  power  and  authority  of  the  parliament  of  Great 
Britain,  to  make  laws  and  statutes  as  aforesaid,  is  denied,  or 
drawn  into  question,  are,  and  are  hereby  declared  to  be,  utterly 
null  and  void  to  all  intents  and  purposes  whatsoever. 


No.  61.    Act  suspending  the  New  York 
Assembly 

June  15,  1767 

IN  a  message  to  the  New  York  House  of  Assembly,  June  13,  1766,  Governor 
Moore  informed  the  House  of  the  expected  arrival  of  troops  in  the  city,  and 
recommended  that  provision  be  made  for  them  in  accordance  with  the  late 
Quartering  Act  [No.  58].  On  the  igih  the  House  adopted  five  resolutions, 
reported  by  Philip  Livingston,  excusing  themselves  from  compliance  with  the 
request,  on  the  ground  that  the  requisition  was  "  of  such  a  nature  and  ten 
dency  that,  should  it  be  granted,  the  expence  might,  and  probably  would, 
very  soon  exceed  the  ability  of  this  colony  to  pay,  as  the  number  of  troops 
that  may  from  time  to  time  require  the  like  provision,  are  .  .  .  entirely 
unknown,  and  the  articles  required  for  the  greatest  part  . .  .  unprecedented^ ;  " 
but  the  House  intimated,  at  the  same  time,  that  a  balance  of  /"ffigo,  in  the 
treasury  oFthe  province,  subject  to  the  order  of  the  commander-in-chief  of  the 
forces  in  America,  might  be  used  for  the  purpose  in  question.  On  an  inquiry 

H/rfK/rr  a' i 


3l8      ACT  SUSPENDING  THE  NEW  YORK  ASSEMBLY    [June  15 

from  the  governor  as  to  the  precise  use  to  which  the  money  referred  to  was 
to  be  put,  the  assembly  again,  June  23,  pleaded  the  small  resources  of  the 
colony,  but  recommended  that  provision  be  made  "  for  furnishing  the  barracks 
in  the  cities  of  New  York  and  Albany,  with  beds,  bedding,  fire-wood,  candles, 
and  utensils  for  dressing  of  victuals  for  two  battalions,  not  exceeding  five  hun 
dred  men  each,  and  one  company  of  artillery  for  one  year";  and  that  the 
money  beforementioned  be  drawn  upon  for  the  purpose.  A  bill  to  this  effect 
was  accordingly  brought  in  and  passed,  and  July  3  received  the  assent  of  the 
governor.  A  report  of  the  action  of  the  assembly  having  been  made  to  the 
Board  of  Trade,  the  Earl  of  Shelburne,  in  a  letter  of  August  6,  to  Governor 
Moore,  expressed  the  hope  that  the  requirements  of  the  Quartering  Act  would 
be  fully  complied  with.  To  this  letter,  communicated  to  the  assembly  in 
November,  the  House  replied  that  New  York  had  already  assumed  a  heavier 
financial  burden  in  the  matter  of  supporting  troops  than  any  other  colony,  and 
that,  since  the  act  appeared  to  them  designed  for  the  needs  of  soldiers  on  the 
march,  and  not  of  such  as  might  be  stationed  in  the  province  for  a  whole  year, 
they  could  not  "  put  it  in  the  power  of  any  person  "  to  lay  upon  them  such  a 
"ruinous  and  unsupportable "  expense.  December  19  the  assembly  was 
prorogued  until  the  following  March.  /May  15,  1767,  the  committee  of  the 
House  of  Commons,  to  whom  the  matter  had  been  referred,  recommended  the 
suspension  of  the  assembly  until  the  terms  of  the  Quartering  Act  were  com 
plied  with  ;^and  June  15  a  bill  embodying  the  recommendations  received  the 
royal  assent.  The  assembly  continuing  obstinate,  it  was  dissolved.  The 
newly  elected  House  also  refused  compliance,  and  was  likewise  dissolved.  A 
third,  in  1769,  made  the  required  provision. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXVII.,  609,  610. 
The  act  is  cited  as  7  Geo.  III.,  c.  59.  Extracts  from  the  proceedings  of  the 
New  York  legislature  are  in  Almon's  Prior  Documents. 

An  act  for  restraining  and  prohibiting  the  governor,  council,  and 
house  of  representatives,  of  the  province  of  New  York,  until 
provision  shall  have  been  made  for  furnishing  the  King's  troops 
with  all  the  necessaries  required  by  law,  from  passing  or  assenting 
to  any  act  of  assembly,  vote,  or  resolution,  for  any  other  purpose. 

WHEREAS  an  act  of  parliament  was  made  in  the  fifth  year  of 
his  present  Majesty's  reign,  intituled,  An  act  to  amend  and  render 
more  effectual,  in  his  Majesty's  dominions  in  America,  an  act 
passed  in  this  present  session  of  parliament,  intituled,  An  act  for 
punishing  mutiny  and  desertion,  and  for  the  better  payment  of  the 
army  and  their  quarters ;  wherein  several  directions  were  given, 
and  rules  and  regulations  established  and  appointed,  for  the  supply 
ing  his  Majesty's  troops,  in  the  British  dominions  in  America,  with 
such  necessaries  as  are  in  the  said  act  mentioned  during  the  con 
tinuance  thereof,  from  the  twenty  fourth  day  of  March,  one  thou- 


1767]      ACT  SUSPENDING  THE  NEW  YORK  ASSEMBLY         319 

sand  seven  hundred  and  sixty  five,  until  the  twenty  fourth  day  of 
March,  one  thousand  seven  hundred  and  sixty  seven  :  and  whereas 
the  house  of  representatives  of  his  Majesty's  province  of  New  York 
in  America  have,  in  direct  disobedience  of  the  authority  of  the 
British  legislature,  refused  to  make  provision  for  supplying  the 
necessaries  and  in  the  manner  required  by  the  said  act ;  and  an 
act  of  assembly  hath  been  passed,  within  the  said  province,  for 
furnishing  the  barracks  in  the  cities  of  New  York  and  Albany 
with  firewood  and  candles,  and  the  other  necessaries  therein  men 
tioned,  for  his  Majesty's  forces,  inconsistent  with  the  provisions, 
and  in  opposition  to  the  directions,  of  the  said  act  of  parliament : 
and  whereas  by  an  act  made  in  the  last  session,  intituled,  An  act 
to  amend  and  render  more  effectual,  in  his  Majesty's  dominions 
in  America,  an  act  passed  in  this  present  session  of  parliament, 
intituled,  An  act  for  punishing  mutiny  and  desertion,  and  for  the 
better  payment  of  the  army  and  their  quarters,  the  like  directions, 
rides,  aud  regulations,  were  given  and  established,  for  supplying 
with  necessaries  his  Majesty's  troops  within  the  said  dominions 
during  the  continuance  of  such  act,  from  the  twenty  fourth  day 
of  March,  one  thousand  seven  himdred  and  sixty  six,  until  the 
twenty  fourth  day  of  March,  one  thousand  seven  hundred  and 
sixty  eight ;  which  act  was,  by  an  act  made  in  this  present  session 
of  parliament,  intituled,  An  act  for  further  continuing  an  act  of 
the  last  session  of  parliament,  intituled,  An  act  to  amend  and 
render  more  effectual,  in  his  Majesty's  dominions  in  America,  an 
act  passed  in  this  present  session  of  parliament,  intituled,  An  act 
for  punishing  mutiny  and  desertion,  and  for  the  better  payment 
of  the  army  and  their  quarters,  further  continued  until  the  tiventy 
fourth  day  oj  March,  one  thousand  seven  hundred  and  sixty  nine  : 
In  order  therefore  to  enforce,  within  the  said  province  of  New 
York,  the  supplying  of  his  Majesty's  troops  with  the  necessaries 
and  in  the  manner  required  by  the  said  acts  of  parliament ;  .  .  . 
be  it  enacted  .  .  .  ,  That  from  and  after  the  first  day  of  October, 
one  thousand  seven  hundred  and  sixty  seven,  until  provision  shall 
have  been  made  by  the  said  assembly  of  New  York  for  furnishing 
his  Majesty's  troops  within  the  said  province  with  all  such  neces 
saries  as  are  required  by  the  said  acts  of  parliament,  or  any  of 
them,  to  be  furnished  for  such  troops,  it  shall  not  be  lawful  for 
the  governor,  lieutenant  governor,  or  person  presiding  or  acting 
as  governor  or  commander  in  chief,  or  for  the  council  for  the 


320  TOWNS  H  END   ACTS  [June  15 

time  being,  within  the  colony,  plantation,  or  province,  of  New 
York  in  America,  to  pass,  or  give  his  or  their  assent  to,  or  con 
currence  in,  the  making  or  passing  of  any  act  of  assembly ;  or  his 
or  their  assent  to  any  order,  resolution,  or  vote,  in  concurrence 
with  the  house  of  representatives  for  the  time  being  within  the 
said  colony,  plantation,  or  province ;  or  for  the  said  house  of  rep 
resentatives  to  pass  or  make  any  bill,  order,  resolution,  or  vote, 
(orders,  resolutions,  or  votes,  for  adjourning  such  house  only, 
excepted)  of  any  kind,  for  any  other  purpose  whatsoever;  and 
that  all  acts  of  assembly,  orders,  resolutions,  and  votes  whatsoever, 
which  shall  or  may  be  passed,  assented  to,  or  made,  contrary  to 
the  tenor  and  meaning  of  this  act,  after  the  said  first  day  of 
October,  one  thousand  seven  hundred  and  sixty  seven,  within  the 
said  colony,  plantation,  or  province,  before  and  until  provision 
shall  have  been  made  for,  supplying  his  Majesty's  troops  with 
necessaries  as  aforesaid,  shall  be,  and  are  hereby  declared  to  be, 
null  and  void,  and  of  no  force  or  effect  whatsoever. 

II.  Provided  nevertheless,  and  it  is  hereby  declared  to  be  the 
true  intent  and  meaning  of  this  act,  That  nothing  herein  before 
contained  shall  extend,  or  be  construed  to  extend,  to  hinder, 
prevent,  or  invalidate,  the  choice,  election,  or  approbation,  of  a 
speaker  of  the  house  of  representatives  for  the  time  being  within 
the  said  colony,  plantation,  or  province. 


Townshend  Acts 

IN  August,  17^6,  Pitt,  now  Earl  of  Chatham,  succeeded  Rockingham  as 
prime  minister;  but  illness  soon  incapacitated  him  for  active  participation  in 
affairs,  and  the  leadership  fell  to  Townshend,  chancellor  of  the  exchequer. 
The  irritation  over  the  repeal  of  the  Stamp  Act  was  increased  by  the  reports 
of  continued  agitation  in  America  ;  while  the  reduction  of  the  land  tax  from 
4^.  to  3-y.  in  the  pound,  brought  about  by  factious  opposition  to  the  ministry, 
necessitated  revenue  from  some  other  source,  "On  January  26,  1767,  in  a 
debate  on  the  army,  George  Grenville  moved  that  America,  like  Ireland,  should 
support  an  establishment  of  her  own;  and  in  the  course  of  the  discussion 
which  followed,  Tawn^hpnrl  took^occcasjon  to  declare  himself  a  firm  advocate 
of  the  principle  of  the  Stamp  Act."  The  plans  for  carrying  his  policy  into 
effect  were  brought  forward  by  Townshend  in  May,  and  embraced  three 
points  :  'the  enforcement  of  existing  laws,  th«Vppointment  of  customs  commis 
sioners,  and  provision  for  adequate  revenue.  The  new  policy  was  embodied 
in  the  three  acts  following.  On  the  4th  of  September  Townshend  died,  and 


1767]       ACT  ESTABLISHING  CUSTOMS  COMMISSIONERS        321 

the  execution  of  the  acts,  the  most  important  of  which  had  not  yet  gone  into 
operation,  was  left  to  his  successors. 

REFERENCES.  —  For  the  debates  and  proceedings  on  the  Townshend  acts, 
see  the  Parliamentary  History,  XVI.  Summaries  of  the  debates,  reflecting  as 
usual  public  opinion  in  England,  are  in  the  Annual  Register  (1767).  Dis 
cussions  of  the  acts  in  the  general  histories,  except  Bancroft,  are  brief.  Of 
contemporary  discussions  in  America,  Dickinson's  Letters  from  a  Farmer 
(  Writings,  Ford's  ed.,  I.,  305-406)  are  the  most  important,  ^j  ^\\  u 


No.  62.     Act  establishing  Customs 
Commissioners 

June  29,  1767 

IN  1763  Grenville  had  endeavored  to  secure  a  stricter  enforcement  of  the 
acts  of  trade  by  requiring  the  principal  customs  officers  for  America,  many 
of  whom  had,  by  permission  of  the  treasury,  continued  to  reside  in  England, 
to  proceed  to  their  posts;  and  the  Sugar  Act  of  1764  had  aimed  to  improve 
and  strengthen  the  administrative  machinery.  The  special  reasons  for  the 
act  of  1767,  providing  for  the  appointment  of  customs  commissioners,  are 
sufficiently  set  forth  in  the  preamble  of  the  act  itself. 

REFERENCES.  —  Text  in  Pickering's  Statutes  at  Large,  XXVIL,  447-449. 
The  act  is  cited  as  7  Geo.  III.,  c.  41. 

An  Act  to  enable  his  Majesty  to  put  the  customs,  and  other  duties, 
in  the  British  dominions  in  America,  and  the  execution  of  the 
laws  relating  to  trade  there,  under  the  management  of  commis 
sioners  to  be  appointed  for  that  purpose,  and  to  be  resident  in  the 
said  dominions. 

WHEREAS  in  pursuance  of  an  act  of  parliament  made  in  the 
twenty  fifth  year  of  the  reign  of  King  Charles  the  Second,  intituled, 
An  act  for  the  encouragement  of  the  Greenland  and  Eastland 
trades,  and  for  the  better  securing  the  plantation  trade,  the  rates 
and  duties  imposed  by  that,  and  several  subsequent  acts  of  parlia 
ment,  upon  various  goods  imported  into,  or  exported  from,  the 
British  colonies  and  plantations  in  America,  have  been  put  under 
the  management  of  the  commissioners  of  the  customs  in  England  for 
the  time  being,  by  and  under  the  authority  and  directions  of  the 
high  treasurer,  or  commissioners  of  the  treasury  for  the  time  being: 
and  whereas  the  officers  appointed  for  the  collection  of  the  said 
rates  and  duties  in  America,  are  obliged  to  apply  to  the  said  com 
missioners  of  the  customs  in  England,  for  their  special  instructions 

Y 


322  REVENUE  ACT  [June  29 

and  directions,  upon  every  particular  doubt  and  difficulty  which 
arises  in  relation  to  the  payment  of  the  said  rates  and  duties ; 
whereby  all  persons  concerned  in  the  commerce  and  trade  of  the 
said  colonies  and  plantations,  are  greatly  obstructed  and  delayed  in 
the  carrying  on  and  transacting  of  their  business :  and  whereas 
the  appointing  of  commissioners  to  be  resident  in  some  convenient 
part  of  his  Majesty's  dominions  in  America,  and  to  be  invested 
with  such  powers  as  are  now  exercised  by  the  commissioners  of  the 
customs  in  England  by  virtue  of  the  laws  in  being,  would  relieve 
the  said  merchants  and  traders  from  the  said  inconveniences,  tend 
to  the  encouragement  of  commerce,  and  to  the  better  securing  of  the 
said  rates  and  duties,  by  the  more  speedy  and  effectual  collection 
thereof :  be  it  therefore  enacted  .  .  .  ,  That  the  customs  and  other 
duties  imposed,  by  any  act  or  acts  of  parliament,  upon  any  goods 
or  merchandizes  brought  or  imported  into,  or  exported  or  carried 
from,  any  British  colony  or  plantation  in  America,  may,  from 
time  to  time,  be  put  under  the  management  and  direction  of  such 
commissioners,  to  reside  in  the  said  plantations,  as  his  Majesty  . . . , 
by  his  ...  commission  .  .  .  under  the  great  seal  of  Great  Britain, 
shall  judge  to  be  most  for  the  advantage  of  trade,  and  security  of 
the  revenue  of  the  said  British  colonies  ;  any  law,  custom,  or 
usage  to  the  contrary  notwithstanding. 

II.  And  it  is  hereby  further  enacted  .  .  .  ,  That  the  said  com 
missioners  so  to  be  appointed,  or  any  three  or  more  of  them, 
shall  have  the  same  powers  and  authorities  for  carrying  into  exe 
cution  the  several  laws  relating  to  the  revenues  and  trade  of  the 
said  British  colonies  in  America,  as  were,  before  the  passing  of 
this  act,  exercised  by  the  commissioners  of  the  customs  in  Eng 
land,  by  virtue  of  any  act  or  acts  of  parliament  now  in  force : 
and  it  shall  and  may  be  lawful  to  and  for  his  majesty  .  .  .  ,  in 
such  Commission  .  .  .  ,  to  make  provision  for  putting  in  execu 
tion  the  several  laws  relating  to  the  customs  and  trade  of  the  said 
British  colonies;  .  .  . 


No.  63.     Revenue  Act 

June  29,  1767 

THE  strong  opposition  in  the  colonies  to  the  Sugar  Act  had  led,  in  1766,  to 
the  repeal  of  the  duties  imposed  by  the  act,  except  the  duty  on  tea  (6  Geo.  III.j 


1767]  REVENUE  ACT  323 

c.  52).  In  framing  the  act  of  1767,  Townshend  professed  to  observe  the 
distinction  urged  in  America  between  external  and  internal  taxation,  and  to 
provide  a  revenue  by  means  of  import  duties  only.  The  proceeds  of  the  duties, 
estimated  at  about  ,£40,000,  were  to  be  applied  toward  the  civil  and  military 
expenses  of  the  colonies.  Further  to  insure  the  observance  of  the  act,  writs 
of  assistance  were  legalized.  The  duties  imposed  by  the  act,  with  the  excep 
tion  of  the  duty  on  tea,  were  repealed  by  aii  act  of  April  12,  1770. 

REFERENCES. —  Text  in  Pickering's '  "Statutes  at  Large,  XXVII.,  505-512. 
The  act  is  cited  as  7  Geo.  III.,  c.  46.  The  act  of  repeal  is  10  Geo.  III.,  c.  17. 

An  act  for  granting  certain  duties  in  the  British  colonies  and  plan 
tations  in  America ;  for  allowing  a  drawback  of  the  duties  of 
customs  upon  the  exportation,  from  this  kingdom,  of  coffee  and 
cocoa  nuts  of  the  produce  of  the  said  colonies  or  plantations  ;  for 
discontinuing  the  drawbacks  payable  on  china  earthen  ware 
exported  to  America;'  and  for  more  effectually  preventing  the 
clandestine  running  of  goods  in  the  said  colonies  and  plantations. 

WHEREAS  it  is  expedient  that  a  revenue  should  be  raised,  in 
your  Majesty's  dominions  in  America,  for  making  a  more  certain 
and  adequate  provision  for  defraying  the  charge  of  the  administra 
tion  of  justice,  and  the  support  of  civil  government,  in  such  prov 
inces  where  it  shall  be  found  necessary ;  and  towards  further 
defraying  the  expences  of  defending,  protecting,  and  securing  the 
said  dQ  minions  ;  ...  be  it  enacted  .  .  .  ,  That  from  and  after 
the  twentieth  day  of  November,  one  thousand  seven  hundred  and 
sixty  seven,  there  shall  be  raised,  levied,  collected,  and  paid,  unto 
his  Majesty,  his  heirs,  and  successors,  for  and  upon  the  respective 
Goods  herein  after  mentioned,  which  shall  be  imported  from  Great 
Britain  into  any  colony  or  plantation  in  America  which  now  is,  or 
hereafter  may  be,  under  the  dominion  of  his  Majesty,  his  heirs,  or 
successors,  the  several  Rates  and  Duties  following ;  that  is  to  say, 

For  every  hundred  weight  avoirdupois  of  crown,  plate,  flint, 
and  white  glass,  four  shillings  and  eight  pence. 

For  every  hundred  weight  avoirdupois  of  green  glass,  one 
shilling  and  two  pence. 

For  every  hundred  weight  avoirdupois  of  red  lead,  two  shil 
lings. 

For  every  hundred  weight  avoirdupois  of  white  lead,  two  shil 
lings. 

For  every  hundred  weight  avoirdupois  of  painters  colours,  two 
shillings. 


324  REVENUE  ACT  [June  29 

For  every  pound  weight  avoirdupois  of  tea,  three  pence. 

For  every  ream  of  paper,  usually  called  or  known  by  the  name 
of  Atlas  fine,  twelve  shillings. 

[Then  follow  specifications  of  duties  on  sixty-six  grades  or 
classes  of  paper.] 

********** 

IV.  ...  and  that  all  the  monies  that  shall  arise  by  the  said 
duties  (except  the  necessary  charges  of  raising,  collecting,  levy 
ing,  recovering,  answering,  paying,  and  accounting  for  the  same) 
shall  be  applied,  in  the  first  place,  in  such  manner  as  is  herein 
after  mentioned,  in  making  a  more  certain  and  adequate  pro 
vision  for  the  charge  of  the  administration  of  justice,  and  the 
support  of  civil  government,  in  such  of  the  said  colonies  and 
plantations  where  it  shall  be  found  necessary;  and  that  the  residue 
of  such  duties  shall  be  paid  into  the  receipt  of  his  Majesty's 
exchequer,  and  shall  be  entered  separate  and  apart  from  all  other 
monies  paid  or  payable  to  his  Majesty  .  .  .  ;  and  shall  be  there 
reserved,  to  be  from  time  to  time  disposed  of   by  parliament 
towards  defraying  the  necessary  expences  of  defending,  pro 
tecting,  and  securing,  the  British  colonies  and  plantations  in 
America. 

V.  And  be  it  further  enacted  .  .  .  ,  That  his  Majesty  and  his 
successors  shall  be,  and  are  hereby,  impowered,  from  time  to 
time,  by  any  warrant  or  warrants  under  his  or  their  royal  sign 
manual  or  sign  manuals,  countersigned  by  the  high  treasurer,  or 
any  three  or  more  of  the  commissioners  of  the  treasury  for  the 
time  being,  to  cause  such  monies  to  be  applied,  out  of  the  pro 
duce  of  the  duties  granted  by  this  act,  as  his  Majesty,  or  his  suc 
cessors,  shall  think  proper  or  necessary,  for  defraying  the  charges 
of  the  administration  of  justice,  and  the  support  of  the  civil 
government,  within  all  or  any  of  the  said  colonies  or  plantations. 

VI.  And  whereas  the  allowing  a  drawback  of  all  the  duties  of 
customs  upon  the  exportation,  from  this  kingdom,  of  coffee  and  cocoa 
nuts,  the  growth  of  the  British  dominions  in  America,  may  be  a 
means  of  encouraging  the  growth  of  coffee  and  cocoa  in  the  said 
dominions ;  be  it  therefore  enacted  .  .  .  ,  That  from  and  after 
.  .  .  [Nov.  20,  1767]  .  .  .  ,  upon  the  exportation  of  any  coffee  or 
cocoa  nuts,  of  the  growth  or  produce  of  any  British  colony  or 
plantation  in  America,  from  this  kingdom  as  merchandize,  the 
whole  duties  of  customs,  payable  upon  the  importation  of  such 


1767]  REVENUE  ACT  325 

coffee  or  cocoa  nuts,  shall  be  drawn  back  and  repaid;  in  such 
manner,  and  under  such  rules,  regulations,  penalties,  and  for 
feitures,  as  any  drawback  or  allowance,  payable  out  of  the  duties 
of  customs  upon  the  exportation  of  such  coffee  or  cocoa  nuts, 
was,  could,  or  might  be  paid,  before  the  passing  of  this  act.  .  .  . 

VII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  no  drawback 
shall  be  allowed  for  any  china  earthen  ware  sold,  after  the  pass 
ing  of  this  act,  at  the  sale  of  the  united  company  of  merchants 
of  England  trading  to  the  East  Indies,  which  shall  be  entered  for 
exportation  from  Great  Britain  to  any  part  of  America.   .   .   . 

VIII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  if  any  china 
earthen  ware  sold,  after  the  passing  of  this  act,  at  the  sale  of  the 
said  united  company,  shall  be  entered  for  exportation  to  any  part 
of  America  as  china  earthen  ware  that  had  been  sold  at  the  sale 
of  the  said  company  before  that  time;  or,  if  any  china  earthen 
ware  shall  be  entered  for  exportation  to  any  parts  beyond  the 
seas,  other  than  to  some  part  of  America,  in  order  to  obtain  any 
drawback  thereon,  and  the  said  china  earthen  ware  shall  never 
theless  be  carried  to  any  part  of  America,  and  landed  there,  con 
trary  to  the  true  intent  and  meaning  of  this  act;  that  then,  in 
each  and  every  such  case,  the  drawback  shall  be  forfeited;  and 
the  merchant  or  other  person  making  such  entry,  and  the  master 
or  person  taking  the  charge  of  the  ship  or  vessel  on  board  which 
the  said  goods  shall  be  loaden  for  exportation,  shall  forfeit  double 
the  amount  of  the  drawback  paid,  or  to  be  paid,  for  the  same, 
and  also  treble  the  value  of  the  said  goods;  one  moiety  to  and 
for  the  use  of  his  Majesty,   his  heirs,  and  successors;  and  the 
other  moiety  to  such  officer  of  the  customs  as  shall  sue  for  the 
same ;  to  be  prosecuted,  sued  for,  and  recovered,  in  such  manner 
and  form,  and  by  the  same  rules  and  regulations,  as  other  penal 
ties  inflicted  for  offences  against  the  laws  relating  to  the  customs 
may  be  prosecuted,  sued  for,  and  recovered,  by  any  act  or  acts 
of  Parliament  now  in  force. 

[Sec.  IX.  provides  for  the  entry  and  report  of  vessels  in  the 
colonial  trade.] 

X.  And  whereas  by  an  act  of  parliament  made  in  the  fourteenth 
year  of  the  reign  of  King  Charles  the  Second,  intituled,  An  act  for 
preventing  frauds,  and  regulating  abuses,  in  his  Majesty's  customs, 
and  several  other  acts  now  in  force,  it  is  lawful  for  any  officer  of 
his  Majesty's  customs,  authorized  by  writ  of  assistance  under  the 


326  REVENUE  ACT  [June  29 

seal  of  his  Majesty's  court  of  exchequer,  to  take  a  constable ',  head- 
borough,  or  other  pub  lick  officer  inhabiting  near  unto  the  place,  and 
in  the  day-time  to  enter  and  go  into  any  house,  shop,  cellar,  ware 
house,  or  room  or  other  place,  and,  in  case  of  resistance,  to  break 
open  doors,  chests,  trunks,  and  other  package  there,  to  seize,  and 
from  thence  to  bring,  any  kind  of  goods  or  merchandize  whatsoever 
prohibited  or  uncustomed,  and  to  put  and  secure  the  same  in  his 
Majesty's  store-house  next  to  the  place  where  such  seizure  shall  be 
made :  and  whereas  by  an  act  made  in  the  seventh  and  eighth  years 
of  the  reign  of  King  William  the  Third,  intituled,  An  act  for  pre 
venting  frauds,  and  regulating  abuses,  in  the  plantation  trade,  //  is, 
amongst  other  things,  enacted,  that  the  officers  for  collecting  and 
managing  his  Majesty's  revenue,  and  inspecting  the  plantation 
trade,  in  America,  shall  have  the  same  powers  and  authorities  to 
enter  hottses  or  warehouses,  to  search  for  and  seize  goods  prohibited 
to  be  imported  or  exported  into  or  out  of  any  of  the  said  planta 
tions,  or  for  which  any  duties  are  payable,  or  ought  to  have  been 
paid ;  and  that  the  like  assistance  shall  be  given  to  the  said  officers 
in  the  execution  of  their  office,  as,  by  the  said  recited  act  of  the  four 
teenth  year  of  King  Charles  the  Second,  is  provided  for  the  officers 
in  England  :  but,  no  authority  being  expressly  given  by  the  said  act, 
made  in  the  seventh  and  eighth  years  of  the  reign  of  King  William 
the  Third,  to  any  particular  court  to  grant  such  writs  of  assistance 
for  the  officers  of  the  customs  in  the  said  plantations,  it  is  doubted 
whether  such  officers  can  legally  enter  houses  and  other  places  on 
land,  to  search  for  and  seize  goods,  in  the  manner  directed  by  the 
said  recited  acts :  To  obviate  which  doubts  for  the  future,  and  in 
order  to  carry  the  intention  of  the  said  recited  acts  into  effectual 
execution,  be  it  enacted  .  .  .  ,  That  from  and  after  the  said 
twentieth  day  of  November,  one  thousand  seven  hundred  and 
sixty  seven,  such  writs  of  assistance,  to  authorize  and  impower 
the  officers  of  his  Majesty's  customs  to  enter  and  go  into  any 
house,  warehouse,  shop,  cellar,  or  other  place,  in  the  British 
colonies  or  plantations  in  America,  to  search  for  and  seize  pro 
hibited  or  uncustomed  goods,  in  the  manner  directed  by  the  said 
recited  acts,  shall  and  may  be  granted  by  the  said  superior  or 
supreme  court  of  justice  having  jurisdiction  within  such  colony 
or  plantation  respectively. 


1767]  TEA  ACT  327 

No.  64.    Tea  Act 

July  2,  1767 

THE  object  of  the  Tea  Act  is  sufficiently  set  forth  in  the  first  section  of  the 
act  itself.  This  act  should  not  be  confounded  with  the  act  of  1770  (10  Geo. 
III.,  c.  17),  repealing  the  duties  imposed  by  the  Townshend  Revenue  Act 
[No.  63],  except  the  duty  on  tea. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large ,  XXVII.,  600-605. 
The  act  is  cited  as  7  Geo.  III.,  c.  56. 

An  act  for  taking  off  the  inland  duty  of  one  shilling  per  pound 
weight  upon  all  black  and  single  teas  consumed  in  Great  Britain ; 
and  for  granting  a  drawback  upon  the  exportation  of  teas  to 
Ireland,  and  the  British  dominions  in  America,  for  a  limited 
time,  upon  such  indemnification  to  be  made  in  respect  thereof  by 
the  East  India  company,  as  is  therein  mentioned ;  for  permitting 
the  exportation  of  teas  in  smaller  quantities  than  one  lot  to 
Ireland,  or  the  said  dominions  in  America;  and  for  preventing 
teas  seized  and  condemned  from  being  consumed  in  Great  Britain. 

WHEREAS  by  an  act  of  parliament  made  in  the  eighteenth  year 
of  the  reign  of  his  late  Majesty  King  George  the  Second,  intituled, 
An  act  for  repealing  the  present  inland  duty  of  four  shillings  per 
pound  weight  upon  all  tea  sold  in  Great  Britain,  and  for  grant 
ing  to  his  Majesty  certain  other  inland  duties  in  lieu  thereof;  and 
for  better  securing  the  duty  upon  tea,  and  other  duties  of  excise ; 
and  for  pursuing  offenders  out  of  one  county  into  another;  an 
inland  duty  of  one  shilling  per  pound  weight  avoirdupois,  and  in 
that  proportion  for  a  greater  or  lesser  quantity,  was  imposed  and 
charged  upon  all  tea  to  be  sold  in  Great  Britain  ;  and  also  a  further 
duty  of  twenty  five  pounds  for  every  one  hundred  pounds  of  the 
gross  price  at  which  such  teas  should  be  sold  at  the  pub  lick  sales 
of  the  united  company  of  merchants  ^/"England  trading  to  the  East 
Indies,  and  proportionably  for  a  greater  or  lesser  sum ;  which 
duties  were  to  commence  from  the  twenty  fourth  day  of  June,  one 
thousand  seven  hundred  and  forty  five,  over  and  above  all  customs, 
subsidies,  and  duties,  payable  to  his  Majesty  for  the  same,  upon 
importation  thereof ;  to  be  paid  in  manner  as  in  the  said  act  is 
directed:  and  whereas  by  an  act  of  parliament  made  in  the  twenty 
first  year  of  his  said  late  Majesty's  reign,  tea  was  allowed  to  be 


328  TEA  ACT  [July  2 

exported  from  this  kingdom  to  Ireland,  and  his  Majesty's  planta 
tions  in  America,  without  payment  of  the  said  inland  duties :  and 
whereas  the  taking  off  the  said  inland  duty  of  one  shilling  per  pound 
weight  upon  black  and  singlo  teas,  granted  by  the  said  act,  and  the 
allowing,  upon  the  exportation  of  all  teas  which  shall  be  exported 
to  Ireland  and  his  Majesty's  plantations  in  America,  the  whole  of 
the  duty  paid  upon  the  importation  thereof  into  this  kingdom, 
appear  to  be  the  most  probable  and  expedient  means  of  extending 
the  consumption  of  teas  legally  imported  within  this  kingdom,  and 
of  increasing  the  exportation  of  teas  to  Ireland,  and  to  his  Majesty's 
plantations  in  America,  which  are  now  chiefly  furnished  by  for 
eigners  in  a  course  of  illicit  trade :  and  whereas  the  united  com 
pany  of  merchants  of  England  trading  to  the  East  Indies  are 
willing  and  desirous  to  indemnify  the  public,  in  such  manner  as 
is  herein  after  provided,  with  respect  to  any  diminution  of  the  reve 
nue  which  shall  or  may  happen  from  this  experiment:  ...  be  it 
enacted  .  .  .  ,  That  for  and  during  the  space  of  five  years,  to  be 
computed  from  the  fifth  day  of  July,  one  thousand  seven  hundred 
and  sixty  seven,  the  said  inland  duty  of  one  shilling  per  pound 
weight  upon  teas,  shall  not  be  paid  for  or  in  respect  of  any  bohea, 
congo,  souchong,  or  pekoe  teas,  commonly  called  Black  Teas,  or 
any  teas  known  by  the  denomination  of  singlo  teas,  which  shall  be 
cleared  for  consumption  within  Great  Britain,  out  of  the  ware 
houses  of  the  united  company  of  merchants  of  England  trading  to 
the  East  Indies,  or  their  successors ;  but  that  all  such  teas  so  to 
be  cleared,  whether  the  same  have  been  already,  or  shall  be  here 
after,  sold  by  the  said  company,  or  their  successors,  shall  be  and, 
are  hereby  freed  and  discharged,  during  the  said  term,  from  the 
said  inland  duty. 

II.  And  it  is  hereby  further  enacted  .  .  .  ,  That  for  and  during 
the  like  space  of  five  years,  to  be  computed  from  the  fifth  day  of 
July,  one  thousand  seven  hundred  and  sixty  seven,  there  shall  be 
drawn  back  and  allowed  for  all  teas  exported  from  this  kingdom 
as  merchandize  to  Ireland,  or  any  of  the  British  colonies  or 
plantations  in  America,  the  whole  duties  of  customs  payable  upon 
the  importation  of  such  teas;  which  drawback  or  allowance,  with 
respect  to  such  teas  as  shall  be  exported  to  Ireland,  shall  be  made 
to  the  exporter  in  such  manner,  and  under  such  rules,  regulations, 
securities,  penalties,  and  forfeitures,  as  any  drawback  or  allow 
ance  is  now  payable  out  of  the  duty  of  customs  upon  the  exporta- 


1767]  TEA  ACT  329 

tion  of  foreign  goods  to  Ireland ' ;  and  with  respect  to  such  teas 
as  shall  be  exported  to  the  British  colonies  and  plantations  in 
America,  the  said  drawback  or  allowance  shall  be  made  in  such 
manner,  and  under  such  rules,  regulations,  penalties,  and  for 
feitures,  as  any  drawback  or  allowance  payable  out  of  the  duty 
of  customs  upon  foreign  goods  exported  to  foreign  parts,  was, 
could,  or  might  be,  made  before  the  passing  of  this  act  (except 
in  such  cases  as  are  otherwise  provided  for  by  this  Act.) 

III.  Provided  always  .  .  .  ,  That  the  drawback  allowed  by  this 
act  shall  not  be  paid  or  allowed  for  any  teas  which  shall  not  be 
exported  directly  from  the  warehouse  or  warehouses  wherein  the 
same  shall  be  lodged,  pursuant  to  the  directions  of  an  act  made  in 
the  tenth  year  of  the  reign  of  his  late  Majesty  King  George  the  First. 

[Any  diminution  of  revenue,  by  reason  of  the  discontinuance 
of  the  duty,  to  be  made  good  by  the  East  India  Company.] 
********** 

VII.  And  whereas  by  an  act  made  in  the  twenty-first  year  of 
the  reign  of  his  late  Majesty,  intituled,  An  act  for  permitting  tea  to 
be  exported  to  Ireland,  and  his  Majesty's  plantations  in  America, 
without  paying  the  inland  duties  charged  thereupon  by  an  act  of 
the  eighteenth  year  of  his  present  Majesty's  reign ;  and  for  enlarg 
ing  the  time  for  some  of  the  payments  to  be  made  on  the  subscrip 
tion  of  six  millions  three  hundred  thousand  pounds,  by  virtue  of 
an  act  of  this  session  of  parliament ;  //  is  enacted,  That  from  and 
after  the  first  day  of  June,  one  thousand  seven  hundred  and  forty 
eight,  no  tea  should  be  exported  to  the  kingdom  of  Ireland,  or  to 
any  of  his  Majesty 's  plantations  in  America,  in  any  chest,  cask, 
tub,  or  package  whatsoever,  other  than  that  in  which  it  was  origin 
ally  imported  into  Great  Britain,  nor  in  any  less  quantities  than  in 
the  in  tire  lot  or  lots  in  which  the  same  was  sold  at  the  sale  of  the 
said  united  company,  under  the  penalty  of  the  forfeiture  of  such  tea, 
and  the  package  containing  the  same :  and  whereas  the  prohibiting 
the  exportation  of  tea  in  any  less  quantity  then  one  intire  lot,  has 
been  very  inconvenient  to  merchants  and  traders,  and  tends  to  dis 
courage  the  exportation  of  tea  to  Ireland,  and  the  said  colonies ;  be 
it  therefore  enacted  .  .  .  ,  That  from  and  after  the  fifth  day  of 
July,  one  thousand  seven  hundred  and  sixty  seven,  the  said  re 
cited  clause  shall  be,  and  is  hereby,  repealed. 

VIII.  And  be  it  further  enacted  .  .  .  ,  That  from  and  after 
.  .  .  [July  5,  1767]  .  .  .  ,  no  tea  shall  be  exported  to  the  kingdom 


330  MASSACHUSETTS   CIRCULAR   LETTER      [February  u 

of  Ireland,  or  to  any  of  his  Majesty's  plantations  in  America,  in 
any  chest,  cask,  tub,  or  package  whatsoever,  other  than  that  in 
which  it  was  originally  imported  into  Great  Britain  ;  nor  in  any 
less  quantity  than  the  whole  and  intire  quantity  contained  in  any 
chest,  cask,  tub,  or  package,  in  which  the  same  was  sold  at  the 
publick  sale  of  the  united  company  of  merchants  of  England 
trading  to  the  East  Indies ;  under  the  penalty  of  the  forfeiture 
of  such  tea,  and  the  package  containing  the  same,  which  shall 
and  may  be  seized  by  any  officer  of  the  customs.  .  .  . 

IX.  And  be  it  enacted  .  .  .  ,  That  from  and  after  .  .  . 
[July  24,  1767]  .  .  .  ,  all  teas  which  shall  be  seized  and  con 
demned  for  being  illegally  imported,  or  for  any  other  cause,  shall 
not  be  sold  for  consumption  within  this  kingdom,  but  shall  be 
exported  to  Ireland,  or  to  the  British  colonies  in  America  ;  and 
that  no  such  teas,  after  the  sale  thereof,  shall  be  delivered  out  of 
any  warehouse  belonging  to  his  Majesty,  otherwise  than  for  ex 
portation  as  aforesaid;  or  be  exported  in  any  package  containing 
a  less  quantity  than  fifty  pounds  weight;  which  exportation  shall 
be  made  in  like  manner,  and  under  the  same  rules,  regulations, 
penalties,  and  forfeitures,  except  in  respect  to  the  allowance  of 
any  drawback,  as  are  by  this  act  prescribed,  appointed,  and  in 
flicted,  in  relation  to  the  exportation  of  teas  sold  by  the  said 
company;  and  upon  the  like  bond  and  security  as  is  required  by 
the  said  act  made  in  the  twenty  first  year  of  the  reign  of  his  late 
Majesty  King  George  the  Second,  to  be  approved  of  by  the  com 
missioners  of  the  customs  or  excise  in  England  for  the  time 
being,  or  any  three  of  them  respectively,  or  by  such  person  or 
persons  as  they  shall  respectively  appoint  for  that  purpose. 


No.  65.    Massachusetts  Circular  Letter 

February  n,  1768 

THE  General  Court  of  Massachusetts  met  Dec.  30,  1767.  The  address  of 
Governor  Bernard  dealt  with  the  question  of  the  boundaries  between  Massa 
chusetts  and  New  York  and  New  Hampshire  and  Maine,  and  did  not  mention 
the  Townshend  acts.  The  acts  were,  however,  read  in  the  House,  and  the 
consideration  of  them  referred  to  a  committee  of  nine  on  the  state  of  the 
province.  On  the  I2th  of  January  the  committee  reported  a  draft  of  a  letter 
to  Dennis  De  Berdt,  agent  of  the  colony  in  England,  reviewing  the  arguments 


1768]  MASSACHUSETTS  CIRCULAR  LETTER  331 

against  taxation  by  Great  Britain,  and  protesting  against  the  recent  acts  as 
unjust  and  unwarranted.  Subsequently  a  petition  to  the  King,  and  letters  to 
Shelburne,  Rockingham,  Camden,  Chatham,  Conway,  and  the  Commissioners 
of  the  Treasury,  were  adopted.  On  the  2ist  of  January  a  motion  "to  appoint 
a  time  to  consider  the  expediency  of  writing  to  the  assemblies  of  the  other 
colonies  on  this  continent,  with  respect  to  the  importance  of  their  joining  with 
them  in  petitioning  his  Majesty  at  this  time,"  was  rejected;  but  on  Feb.  4  the 
motion  was  reconsidered,  and  a  committee  appointed  "  to  prepare  a  letter  to 
be  sent  to  each  of  the  Houses  of  Representatives  and  Burgesses  on  the  con 
tinent,  to  inform  them  of  the  measures  which  this  House  has  taken  with  regard 
to  the  difficulties  arising  from  the  acts  of  Parliament  for  levying  duties  and 
taxes  on  the  American  colonists."  The  letter,  drawn  up  by  Samuel  Adams, 
was  reported  on  the  nth,  and  adopted.  The  letter  was  laid  before  the  cabi 
net  April  15,  by  Lord  Hillsborough,  secretary  of  state  for  the  colonies.  A 
letter  from  Hillsborough  to  the  governors  of  the  several  colonies,  April  21, 
called  upon  them  to  exert  their  "  utmost  influence  "  to  prevent  the  various 
assemblies  from  taking  action  on  the  Massachusetts  circular;  while  a  commu 
nication  to  Governor  Bernard,  of  the  following  day,  instructed  him  to  require 
the  assembly  to  rescind  the  resolution  under  which  the  circular  letter  was 
issued,  and,  in  case  of  refusal,  to  dissolve  them.  On  the  3Oth  of  June,  after 
adopting  a  letter  to  Hillsborough  defending  their  action,  the  House,  by  a  vote 
of  92  to  1 7,  refused  to  rescind.  The  next  day  the  General  Court  was  dissolved. 
REFERENCES. —  Text  in  Bradford's  Massachusetts  State  Papers,  134-136; 
the  same  work  gives  the  other  Massachusetts  letters  and  documents  referred 
to  above.  Almon's  Prior  Documents,  220,  gives  Hillsborough's  letter  to  the 
governors;  203-205,  extracts  from  the  letter  to  Bernard;  213-218,  replies  of 
other  colonies  to  the  circular  letter. 

Province  of  Massachusetts  Bay,  February  n,  1768. 
SIR, 

The  House  of  Representatives  of  this  province,  have  taken 
into  their  serious  consideration,  the  great  difficulties  that  must 
accrue  to  themselves  and  their  constituents,  by  the  operation  of 
several  acts  of  Parliament,  imposing  duties  and  taxes  on  the 
American  colonies. 

As  it  is  a  subject  in  which  every  colony  is  deeply  interested, 
they  have  no  reason  to  doubt  but  your  House  is  deeply  impressed 
with  its  importance,  and  that  such  constitutional  measures  will 
be  come  into,  as  are  proper.  It  seems  to  be  necessary,  that  all 
possible  care  ^hould  be  taken,  that  the  representatives  of  the 
several  assem-  !ies,  upon  so  delicate  a  point,  should  harmonize 
with  each  other.  The  House,  therefore,  hope  that  this  letter  will 
be  candidly  considered  in  no  other  light  then  as  expressing  a 
disposition  freely  to  communicate  their  mind  to  a  sister  colony, 
upon  a  common  concern,  in  the  same  manner  as  they  would  be 


332  MASSACHUSETTS  CIRCULAR  LETTER     [February  u 

glad  to  receive  the  sentiments  of  your  or  any  other  Houes  of 
Assembly  on  the  continent. 

The  House  have  humbly  represented  to  the  ministry,  their  own 
sentiments,  that  his  Majesty's  high  court  of  Parliament  is  the 
supreme  legislative  power  over  the  whole  empire;  that  in  all  free 
states  the  constitution  is  fixed,  and  as  the  supreme  legislative 
derives  its  power  and  authority  from  the  constitution,  it  cannot 
overleap  the  bounds  of  it,  without  destroying  its  own  foundation; 
that  the  constitution  ascertains  and  limits  both  sovereignty  and 
allegiance,  and,  therefore,  his  Majesty's  American  subjects,  who 
acknowledge  themselves  bound  by  the  ties  of  allegiance,  have  an 
equitable  claim  to  the  full  enjoyment  of  the  fundamental  rules  of 
the  British  constitution;  that  it  is  an  essential,  unalterable  right, 
in  nature,  engrafted  into  the  British  constitution,  as  a  funda 
mental  law,  and  ever  held  sacred  and  irrevocable  by  the  subjects 
within  the  realm,  that  what  a  man  has  honestly  acquired  is  abso 
lutely  his  own,  which  he  may  freely  give,  but  cannot  be  taken 
from  him  without  his  consent;  that  the  American  subjects  may, 
therefore,  exclusive  of  any  consideration  of  charter  rights,  with 
a  decent  firmness,  adapted  to  the  character  of  free  men  and  sub 
jects,  assert  this  natural  and  constitutional  right. 

It  is,  moreover,  their  humble  opinion,  which  they  express  with 
the  greatest  deference  to  the  wisdom  of  the  Parliament,  that  the 
acts  made  there,  imposing  duties  on  the  people  of  this  province, 
with  the  sole  and  express  purpose  of  raising  a  revenue,  are  in 
fringements  of  their  natural  and  constitutional  rights;  because, 
as  they  are  not  represented  in  the  British  Parliament,  his  Majesty's 
Commons  in  Britain,  by  those  acts,  grant  their  property  without 
their  consent. 

This  House  further  are  of  opinion,  that  their  constituents, 
considering  their  local  circumstances,  cannot,  by  any  possibility, 
be  represented  in  the  Parliament;  and  that  it  will  forever  be 
impracticable,  that  they  should  be  equally  represented  there,  and 
consequently,  not  at  all;  being  separated  by  an  ocean  of  a  thou 
sand  leagues.  That  his  Majesty's  royal  predecessors,  for  this 
reason,  were  graciously  pleased  to  form  a  subordinate  legislature 
here,  that  their  subjects  might  enjoy  the  unalienable  right  of  a 
representation:  also,  that  considering  the  utter  impracticability 
of  their  ever  being  fully  and  equally  represented  in  Parliament, 
and  the  great  expense  that  must  unavoidably  attend  even  a  partial 


1768]  MASSACHUSETTS   CIRCULAR  LETTER  333 

representation  there,  this  House  think  that  a  taxation  of  their 
constituents,  even  without  their  consent,  grievous  as  it  is,  would 
be  preferable  to  any  representation  that  could  be  admitted  for 
them  there. 

Upon  these  principles,  and  also  considering  that  were  the  right 
in  Parliament  ever  so  clear,  yet,  for  obvious  reasons,  it  would  be 
beyond  the  rules  of  equity  that  their  constituents  should  be  taxed, 
on  the  manufactures  of  Great  Britain  here,  in  addition  to  the 
duties  they  pay  for  them  in  England,  and  other  advantages  aris 
ing  to  Great  Britain,  from  the  acts  of  trade,  this  House  have 
preferred  a  humble,  dutiful,  and  loyal  petition,  to  our  most 
gracious  sovereign,  and  made  such  representations  to  his  Majesty's 
ministers,  as  they  apprehended  would  tend  to  obtain  redress. 

They  have  also  submitted  to  consideration,  whether  any  people 
can  be  said  to  enjoy  any  degree  of  freedom,  if  the  Crown,  in 
addition  to  its  undoubted  authority  of  constituting  a  Governor, 
should  appoint  him  such  a  stipend  as  it  may  judge  proper,  with 
out  the  consent  of  the  people,  and  at  their  expense;  and  whether, 
while  the  judges  of  the  land,  and  other  civil  officers,  hold  not 
their  commissions  during  good  behaviour,  their  having  salaries 
appointed  for  them  by  the  Crown,  independent  of  the  people, 
hath  not  a  tendency  to  subvert  the  principles  of  equity,  and 
endanger  the  happiness  and  security  of  the  subject. 

In  addition  to  these  measures,  the  House  have  written  a  letter 
to  their  agent,  which  he  is  directed  to  lay  before  the  ministry; 
wherein  they  take  notice  of  the  hardships  of  the  act  for  prevent 
ing  mutiny  and  desertion,  which  requires  the  Governor  and 
Council  to  provide  enumerated  articles  for  the  King's  marching 
troops,  and  the  people  to  pay  the  expenses;  and  also,  the  com 
mission  of  the  gentlemen  appointed  commissioners  of  the  cus 
toms,  to  reside  in  America,  which  authorizes  them  to  make  as 
many  appointments  as  they  think  fit,  and  to  pay  the  appointees 
what  sum  they  please,  for  whose  mal-conduct  they  are  not 
accountable;  from  whence  it  may  happen,  that  officers  of  the 
Crown  may  be  multiplied  to  such  a  degree  as  to  become  dan 
gerous  to  the  liberty  of  the  people,  by  virtue  of  a  commission, 
which  does  not  appear  to  this  House  to  derive  any  such  advantages 
to  trade  as  many  have  supposed. 

These  are  the  sentiments  and  proceedings  of  this  House;  and 
as  they  have  too  much  reason  to  believe  that  the  enemies  of  the 


334  VIRGINIA  RESOLUTIONS  [May  16 

colonies  have  represented  them  to  his  Majesty's  ministers,  and 
to  the  Parliament,  as  factious,  disloyal,  and  having  a  disposition 
to  make  themselves  independent  of  the  mother  country,  they  have 
taken  occasion,  in  the  most  humble  terms,  to  assure  his  Majesty, 
and  his  ministers,  that,  with  regard  to  the  people  of  this  province, 
and,  as  they  doubt  not,  of  all  the  colonies,  the  charge  is  unjust. 
The  House  is  fully  satisfied,  that  your  Assembly  is  too  generous 
and  liberal  in  sentiment,  to  believe  that  this  letter  proceeds  from 
an  ambition  of  taking  the  lead,  or  dictating  to  the  other  assemblies. 
They  freely  submit  their  opinions  to  the  judgment  of  others; 
and  shall  take  it  kind  in  your  House  to  point  out  to  them  any 
thing  further,  that  may  be  thought  necessary. 

This  House  cannot  conclude,  without  expressing  their  firm 
confidence  in  the  King,  our  common  head  and  father;  that  the 
united  and  dutiful  supplications  of  his  distressed  American  sub 
jects,  will  meet  with  his  royal  and  favorable  acceptance. 


No.  66.    Virginia  Resolutions 

May  1 6,  1769 

THE  various  memorials  and  petitions  of  the  colonial  assemblies,  in  response 
to  the  Massachusetts  circular  letter,  were  laid  before  Lord  Hillsborough  by  the 
colonial  agents  in  London.  The  papers  showed  that  the  colonies  were  in 
hearty  accord  with  Massachusetts;  but  the  latter  province,  as  the  leader,  was 
especially  obnoxious  to  the  King  and  the  ministry.  In  October,  1 768,  two 
regiments  of  troops  from  Halifax  arrived  at  Boston  to  support  the  royal  govern 
ment.  Papers  relating  to  the  proceedings  in  Massachusetts,  and  the  disturb 
ances  connected  with  the  seizure  of  the  sloop  Liberty  and  the  impressment  of 
Americans,  were  laid  before  Parliament  in  November.  December  15,  in  the 
House  of  Lords,  an  address  to  the  King  was  moved,  urging  that  Governor 
Bernard  be  directed  to  take  immediate  steps  to  apprehend  the  persons  re 
sponsible  for  the  late  disorders,  with  a  view  to  sending  them  to  England  for 
trial,  under  a  statute  passed  in  the  reign  of  Henry  VIII.  for  the  trial  of  treasons 
committed  out  of  the  kingdom.  To  this  the  Commons,  on  Feb.  9,  agreed. 
The  first  protest  came  from  Virginia.  The  General  Assembly  of  that  colony 
met  May  n,  and  on  the  i6th  the  House  of  Burgesses  adopted  the  resolutions 
following.  Thereupon  the  assembly  was  dissolved.  The  resolutions  were 
transmitted  to  the  other  assemblies,  however,  and  were  generally  approved, 
some  of  the  assemblies  adopting  them  entire  as  the  best  expression  of  their 
own  views. 

REFERENCES. —  Text  in  Hutchinson's  History  of  Massachusetts,  III.,  494. 
The  address  to  the  King  is  in  ib.,  495,  496.  The  proceedings  of  Parliament 


1769]  VIRGINIA  RESOLUTIONS  335 

are  in  the  Parliamentary  History ,  XVI.;  see  also  the  Annual  Register  (1768, 
1769).  On  the  resolutions  see  Frothingham's  Rise  of  the  Republic,  233-238; 
Henry's  Patrick  Henry,  I.,  chap.  6. 

Resolved,  nem.  con.  —  I.  THAT  the  sole  right  of  imposing 
taxes  on  the  inhabitants  of  this  his  majesty's  colony  and  dominion 
of  Virginia  is  now,  and  ever  hath  been,  legally  and  constitution 
ally  vested  in  the  house  of  burgesses,  lawfully  convened  according 
to  the  anqient  and  established  practice,  with  the  consent  of  the 
council,  and  of  his  majesty  the  king  of  Great  Britain,  or  his 
governor  for  the  time  being. 

II.  That  it  is  the  undoubted  privilege  of  the  inhabitants  of 
this  colony,  to  petition  their  sovereign  for  redress  of  grievances; 
and  that  it  is  lawful  and  expedient  to  procure  the  concurrence 
of  his  majesty's  other  colonies  in  dutiful  addresses,  praying  the 
royal  interposition  in  favour  of  the  violated  rights  of  America. 

III.  That  all  trials  for  treason,  misprision  of  treason,  or  for 
any  felony  or  crime  whatsoever  committed  and  done  in  this  his 
majesty's  said  colony  and  dominion  by  any  person  or  persons 
residing  therein,  ought  of  right  to  be  held  and  conducted  in  and 
before  his  majesty's  courts  held  within  his  said  colony,  according 
to  the  fixed  and  known  course  of  proceeding;  and  that  the  seizing 
any  person  or  persons  residing  in  this  colony,  suspected  of  any 
crime  whatsoever  committed  therein,  and  sending  such  person 
or  persons  to  places  beyond  the  sea  to  be  tried,  is  highly  deroga 
tory  of  the  rights  of  British  subjects,  as  thereby  the  inestimable 
privilege  of  being  tried  by  a  jury  from  the  vicinage,  as  well  as 
the  liberty  of  summoning  and  producing  witnesses  on  such  trial, 
will  be  taken  away  from  the  party  accused. 

IV.  That  an  humble,  dutiful,  and  loyal  address  be  presented 
to  his  majesty,  to  assure  him  of  our  inviolable  attachment  to  his 
sacred  person  and  government,  and  to  beseech  his  royal  inter 
position,  as  the  father  of  all  his  people,  however  remote  from  the 
seat  of  his  empire,  to  quiet  the  minds  of  his  loyal  subjects  of  this 
colony,  and  to  avert  from  them  those  dangers  and  miseries  which 
will  ensue  from  the  seizing  and  carrying  beyond  sea  any  person 
residing  in  America,  suspected  of  any  crime  whatsoever,  to  be 
tried  in  any  other  manner  than  by  the  ancient  and  long  estab 
lished  course  of  proceeding. 


336  VIRGINIA   RESOLUTIONS  [March  12 

No.  67.     Virginia  Resolutions 

March  12,  1773 

/  THE  chief  occasion  of  the  Virginia  resolutions  of  1773  was  the  appointment 
of  a  court  of  inquiry,  to  investigate  the  circumstances  connected  with  the  burn 
ing  of  the  Gaspee  the  previous  June.  The  House  of  Burgesses  met  March  4. 
The  resolutions,  prepared  by  some  of  the  younger  members,  among  them 
Patrick  Henry,  Richard  Henry  Lee,  Francis  L.  Lee,  Thomas  Jefferson,  and 
Dabney  Carr,  were  adopted  on  the  I2th.  Three  days  later  the  House  was 
prorogued.  The  idea  of  committees  of  correspondence  was  not  new,  but  the 
proposal  of  Virginia  was  the  first  to  meet  with  general  response  from  the  other 
colonies./ 

REFERENCES. —  Text  in  W.  W.  Henry's  Patrick  Henry,  I.,  159,  160.  For 
the  history  of  the  resolutions  see  ib.,  I.,  154-168;  Frothingham's  Rise  of  the 
Republic,  276-284. 

Whereas,  The  minds  of  his  Majesty's  faithful  subjects  in  this 
colony  have  been  much  disturbed,  by  various  rumors  and  reports 
of  proceedings  tending  to  deprive  them  of  their  ancient,  legal, 
and  constitutional  right, 

And  whereas,  The  affairs  of  this  colony  are  frequently  connected 
with  those  of  Great  Britain,  as  well  as  of  the  neighboring  colonies, 
which  renders  a  communication  of  sentiments  necessary;  in  order, 
therefore,  to  remove  the  uneasinesses,  and  to  quiet  the  minds  of 
the  people,  as  well  as  for  the  other  good  purposes  above  men 
tioned, 

Be  it  resolved,  That  a  standing  committee  of  correspondence 
and  inquiry  be  appointed,  to  consist  of  eleven  persons,  to  wit: 
the  Honorable  Peyton  Randolph,  Esquire,  Robert  Carter  Nich 
olas,  Richard  Bland,  Richard  Henry  Lee,  Benjamin  Harrison, 
Edmund  Pendleton,  Patrick  Henry,  Dudley  Digges,  Dabney  Carr, 
Archibald  Gary  and  Thomas  Jefferson,  Esquires,  any  six  of  whom 
to  be  a  committee,  whose  business  it  shall  be  to  obtain  the  most 
early  and  authentic  intelligence  of  all  such  acts  and  resolutions 
of  the  British  Parliament,  or  proceedings  of  Administration,  as 
may  relate  to  or  affect  the  British  colonies  in  America,  and  to 
keep  up  and  maintain  a  correspondence  and  communication  with 
our  sister  colonies,  respecting  these  important  considerations;  and 
the  result  of  such  their  proceedings,  from  time  to  time,  to  lay 
before  this  House. 

Resolved,  That  it  be  an  instruction  to  the  said  committee,  that 
they  do,  without  delay,  inform  themselves  particularly  of  the 


1774]  BOSTON  PORT  ACT  337 

principles  and  authority  on  which  was  constituted  a  court  of 
inquiry,  said  to  have  been  lately  held  in  Rhode  Island,  with 
powers  to  transmit  persons  accused  of  offences  committed  in 
America  to  places  beyond  the  seas  to  be  tried. 

The  said  resolutions  being  severally  read  a  second  time,  were, 
upon  the  question  severally  put  thereupon,  agreed  to  by  the  house, 
nemine  contradicente* 

Resolved,  That  the  speaker  of  this  house  do  transmit  to  the 
speakers  of  the  different  Assemblies  of  the  British  colonies  on  the 
continent,  copies  of  the  said  resolutions,  and  desire  that  they 
will  lay  them  before  their  respective  Assemblies,  and  request 
them  to  appoint  some  person  or  persons  of  their  respective  bodies, 
to  communicate  from  time  to  time  with  the  said  committee. 


No.  68.    Boston  Port  Act 

March  31,  1774 

BY  the  Townshend  Revenue  Act  [No.  63],  a  duty  of  3^.  per  pound  was 
imposed  upon  tea  imported  into  the  American  colonies  from  Great  Britain; 
but  by  the  Tea  Act  [No.  64],  the  inland  duty  of  is.  per  pound  was  taken  off 
for  five  years,  and  a  drawback  allowed,  on  tea  exported  to  America,  of  the 
entire  customs  duty  payable  on  its  importation  into  England.  The  duties 
imposed  by  the  Revenue  Act,  except  that  on  tea,  were  repealed  in  1770.  But 
the  colonies  would  not  buy  tea  shipped  from  England,  and  most  of  the  tea ' 
consumed  in  America  was  smuggled  in  through  the  agency  of  the  Dutch  East 
India  Company.  To  relieve  the  British  East  India  Company  from  certain 
financial  difficulties,  an  act  was  passed  in  May,  1773,  again  allowing  a  draw 
back  of  the  duties  payable  on  importation  into  England,  in  case  the  tea  was 
shipped  to  America;  the  tax  of  -$d.  per  pound,  however,  still  remaining  as  an 
assertion  of  the  principle  of  the  Declaratory  Act  of  1766  [No.  60].  Upon  the 
passage  of  the  act  of  1773,  large  quantities  of  tea  were  sent  to  America,  but 
its  importation  was  generally  resisted.  The  most  violent  opposition  was  mani 
fested  in  Boston,  where,  on  the  night  of  Dec.  16,  the  ships  laden  with  tea  were 
boarded  by  citizens  disguised  as  Indians,  and  the  tea  thrown  into  the  harbor. 
/Papers  relating  to  the  disturbances  in  America,  and  especially  the  proceed 
ings  at  Boston,  were  laid  before  Parliament  March  7,  1774,  accompanied  by  a 
royal  message  urging  the  adoption  of  measures  to  end  the  disorder  and  secure 
obedience  to  the  laws.  On  the  I4th  Lord  North,  in  the  House  of  Commons, 
asked  and  obtained  leave  to  bring  in  a  bill  to  remove  the  custom  house  officers 
from  Boston,  and  to  clo^e  th^Lpojrt^tc)  commerce.  A  petition  from  William 
Bollan,  agent  for  Massachusetts,  praying  to  be  heard  in  behalf  of  that  colony, 
was  laid  on  the  table.  The  bill  was  brought  in  on  the  i8th,  had  its  second 
reading  on  the  2 1st,  and  passed  on  the  25th  without  a  division.  It  was  taken 
z 


338  BOSTON  PORT  ACT  [March  31 

up  to  the  Lords  the  following  day,  and  passed  that  House,  without  a  division, 
on  the  30th.  March  31  the  act  received  the  royal  assent.  The  petition  of 
Bollan  was  finaJLly_j^4^cted  by  the  Commons  on  the  25th,  by  a  vote  of  40  to 
170;  but  he  was  heard  in  the  Lords  on  the  3Oth,  before  the  final  vote  on  the 
bill.  The  act  was  repealed  by  the  prohibitory  act  of  1775  [No.  80]. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXX.,  336-341. 
The  act  is  cited  as  14  Geo.  III.,  c.  19.  For  the  debates  in  Parliament,  see 
the  Parliamentary  History,  XVII.,  or  Force's  American  Archives,  Fourth 
Se.ies,  I.,  5-61;  cf.  also  the  Annual  Register  (1774).  The  report  of  the 
committee  of  the  Lords  on  the  disturbances  in  Massachusetts  is  in  Force,  and 
also  in  Almon's  Prior  Documents,  232-255.  Franklin's  True  State  of  the 
Proceedings,  etc.  {Works,  Sparks's  ed.,  IV.,  466-515),  is  a  skilful  counter- 
presentation. 

An  act  to  discontinue,  in  such  manner,  and  for  such  time  as  are 
therein  mentioned,  the  landing  and  discharging,  lading  or  ship 
ping,  of  goods,  wares,  and  merchandise,  at  the  town,  and  within 
the  harbour,  <?/"  Boston,  in  the  province  of  Massachuset's  Bay,  in 
North  America. 

WHEREAS  dangerous  commotions  and  insurrections  have  been 
fomented  and  raised  in  the  town  of  Boston,  in  the  province  of 
Massachuset's  Bay,  in  New  England,  by  divers  ill-affected  persons, 
to  the  subversion  of  his  Majesty's  government,  and  to  the  utter  de 
struction  of  the  publick  peace,  and  good  order  of  the  said  town  ;  in 
which  commotions  and  insurrections  certain  valuable  cargoes  of 
teas,  being  the  property  of  the  East  India  Company,  and  on  board 
certain  vessels  lying  within  the  bay  or  harbour  of  Boston,  were 
seized  and  destroyed :  And  whereas,  in  the  present  condition  of  the 
said  town  and  harbour,  the  commerce  of  his  Majesty's  subjects 
cannot  be  safely  carried  on  there,  nor  the  customs  payable  to  his 
Majesty  duly  collected ;  and  it  is  therefore  expedient  that  the  officers 
of  his  Majesty *s  customs  should  be  forthwith  removed  from  the  said 
town :  ...  be  it  enacted  .  .  .  ,  That  from  and  after  the  first  day 
of  June,  one  thousand  seven  hundred  and  seventy-four,  it  shall 
not  be  lawful  for  any  person  or  persons  whatsoever  to  lade,  put, 
or  cause  or  procure  to  be  laden  or  put,  off  or  from  any  quay, 
wharf,  or  other  place,  within  the  said  town  of  Boston,  or  in  or 
upon  any  part  of  the  shore  of  the  bay,  commonly  called  The 
Harbour  of  Boston,  between  a  certain  headland  or  point  called 
Nahant  Point,  on  the  eastern  side  of  the  entrance  into  the  said 
bay,  and  a  certain  other  headland  or  point  called  Alderton  Point, 
on  the  western  side  of  the  entrance  into  the  said  bay,  or  in 


1774]  BOSTON  PORT  ACT  339 

or  upon  any  island,  creek,  landing-place,  bank,  or  other  place, 
within  the  said  bay  or  headlands,  into  any  ship,  vessel,  lighter, 
boat,  or  bottom,  any  goods,  wares,  or  merchandise  whatsoever,  to 
be  transported  or  carried  into  any  other  country,  province,  or 
place  whatsoever,  or  into  any  other  part  of  the  said  province 
of  the  Massachusetts  Bay,  in  New  England ;  or  to  take  up,  dis 
charge,  or  lay  on  land,  or  cause  or  procure  to  be  taken  up,  dis 
charged,  or  laid  on  land,  within  the  said  town,  or  in  or  upon  any 
of  the  places  aforesaid,  out  of  any  boat,  lighter,  ship,  vessel,  or 
bottom,  any  goods,  wares,  or  merchandise  whatsoever,  to  be 
brought  from  any  other  country,  province,  or  place,  or  any  other 
part  of  the  said  province  of  the  Massachusetts  Bay  in  New  Eng 
land,  upon  pain  of  the  forfeiture  of  the  said  goods,  wares,  and 
merchandise,  and  of  the  said  boat,  lighter,  ship,  vessel,  or  other 
bottom  into  which  the  same  shall  be  put,  or  out  of  which  the  same 
shall  be  taken,  and  of  the  guns,  ammunition,  tackle,  furniture,  and 
stores,  in  or  belonging  to  the  same  :  And  if  any  such  goods,  wares, 
or  merchandise,  shall,  within  the  said  town,  or  in  any  the  places 
aforesaid,  be  laden  or  taken  in  from  the  shore  into  any  barge, 
hoy,  lighter,  wherry,  or  boat,  to  be  carried  on  board  any  ship  or 
vessel  outward-bound  to  any  other  country  or  province,  or  other 
part  of  the  said  province  of  the  Massachusetts  Bay  in  New  Eng 
land,  or  be  laden  or  taken  into  such  barge,  hoy,  lighter,  wherry, 
or  boat,  from  or  out  of  any  ship  or  vessel  coming  in  and  arriving 
from  any  other  country  or  province,  or  other  part  of  the  said  pro 
vince  of  the  Massachusetts  Bay  in  New  England,  such  barge, 
hoy,  lighter,  wherry,  or  boat,  shall  be  forfeited  and  lost. 

IT.  And  be  it  further  enacted  .  .  .  ,  That  if  any  warfinger,  or 
keeper  of  any  wharf,  crane,  or  quay,  or  their  servants,  or  any  of 
them,  shall  take  up  or  land,  or  knowingly  suffer  to  be  taken  up 
or  landed,  or  shall  ship  off,  or  suffer  to  be  water-borne,  at  or  from 
any  of  their  said  wharfs,  cranes,  or  quays,  any  such  goods,  wares, 
or  merchandise;  in  every  such  case,  all  and  every  such  warfinger, 
and  keeper  of  such  wharf,  crane,  or  quay,  and  every  person  what 
ever  who  shall  be  assisting,  or  otherwise  concerned  in  the  ship 
ping  or  in  the  loading  or  putting  on  board  any  boat,  or  other 
vessel,  for  that  purpose,  or  in  the  unshipping  such  goods,  wares, 
and  merchandise,  or  to  whose  hands  the  same  shall  knowingly 
come  after  the  loading,  shipping,  or  unshipping  thereof,  shall 
forfeit  and  lose  treble  the  value  thereof,  to  be  computed  at  the 


340  BOSTON   PORT  ACT  [March  31 

highest  price  which  such  sort  of  goods,  wares,  and  merchandise, 
shall  bear  at  the  place  where  such  offence  shall  be  committed,  at 
the  time  when  the  same  shall  be  so  committed,  together  with  the 
vessels  and  boats,  and  all  the  horses,  cattle,  and  carriages,  what 
soever  made  use  of  in  the  shipping,  unshipping,  landing,  remov 
ing,  carriage,  or  conveyance  of  any  of  the  aforesaid  goods,  wares, 
and  merchandise. 

III.  And  be  it  further  enacted  .  .  .  ,  That  if  any  ship  or  vessel 
shall  be  moored  or  lie  at  anchor,  or  be  seen  hovering  within  the 
said  bay,  described  and  bounded  as  aforesaid,  or  within  one 
league  from  the  said  bay  so  described,  or  the  said  headlands,  or 
any  of  the  islands  lying  between  or  within  the  same,  it  shall  and 
may  be  lawful  for  any  admiral,  chief  commander,  or  commis 
sioned  officer,  of  his  Majesty's  fleet  or  ships  of  war,  or  for  any 
officer  of  his  Majesty's  customs,  to  compel  such  ship  or  vessel  to 
depart  to  some  other  port  or  harbour,  or  to  such  station  as  the 
said  officer  shall  appoint,  and  to  use  such  force  for  that  purpose 
as  shall  be  found  necessary :  And  if  such  ship  or  vessel  shall  not 
depart  accordingly,  within  six  hours  after  notice  for  that  purpose 
given  by  such  person  as  aforesaid,  such  ship  or  vessel,  together 
with  all  the  goods  laden  on  board  thereon,  and  all  the  guns, 
ammunition,  tackle,  and  furniture,  shall  be  forfeited  and  lost, 
whether  bulk  shall  have  been  broken  or  not. 

IV.  Provided  always,  That  nothing  in  this  act  contained  shall 
extend,  or  be  construed  to  extend,  to  any  military  or  other  stores 
for  his  Majesty's  use,  or  to  the  ships  or  vessels  whereon  the  same 
shall  be  laden,  which  shall  be  commissioned  by,  and  in  the 
immediate  pay  of,  his  Majesty,  his  Heirs  or  successors;  nor  to 
any  fuel  or  victual  brought  coastwise  from  any  part  of  the  con 
tinent  of  America,  for  the  necessary  use  and  sustenance  of  the 
inhabitants  of  the  said  town  of   Boston,   provided   the  vessel 
wherein  the  same  are  to  be  carried  shall  be  duly  furnished  with 
a  cocket  and  let-pass,  after  having  been  duly  searched  by  the 
proper  officers  of  his  Majesty's  customs  at  Marblehead,  in  the 
port  of  Salem,  in  the  said  province  of  Massachusetts  Bay ;  and 
that  some  officer  of  his  Majesty's  customs  be  also  there  put  on 
board  the  said  vessel,  who  is  hereby  authorised  to  go  on  board, 
and  proceed  with  the  said  vessel,  together  with  a  sufficient  number 
of  persons,  properly  armed,  for  his  defence,  to  the  said  town  or 
harbour  of  Boston  ;  nor  to  any  ships  or  vessels  which  may  happen 


1774].  BOSTON  PORT  ACT  341 

to  be  within  the  said  harbour  of  Boston  on  or  before  the  first  day 
Qijune,  one  thousand  seven  hundred  and  seventy-four,  and  may 
have  either  laden  or  taken  on  board,  or  be  there  with  intent  to 
load  or  take  on  board,  or  to  land  or  discharge  any  goods,  wares, 
and  merchandise,  provided  the  said  ships  and  vessels  do  depart 
the  said  harbour  within  fourteen  days  after  the  said  first  day  of 
June,  one  thousand  seven  hundred  and  seventy-four. 

V.  And  be  it  further  enacted  .  .  .  ,  That  all  seizures,  penal 
ties,  and  forfeitures,  inflicted  by  this  act,  shall  be  made  and 
prosecuted  by  any  admiral,  chief  commander,  or  commissioned 
officer,  of  his  Majesty's  fleet,  or  ships  of  war,  or  by  the  officers 
of  his  Majesty's  customs,  or  some  of  them,  or  by  some  other 
person  deputed  or  authorised,  by  warrant  from  the  lord  high 
treasurer,  or  the  commissioners  of  his  Majesty's  treasury  for 
the  time  being,  and  by  no  other  person  whatsoever :  And  if  any 
such  officer,  or  other  person  authorised  as  aforesaid,  shall,  directly 
or  indirectly,  take  or  receive  any  bribe  or  reward,  to  connive  at 
such  lading  or  unlading,  or  shall  make  or  commence  any  collusive 
seizure,  information,  or  agreement  for  that  purpose,  or  shall  do 
any  other  act  whatsoever,  whereby  the  goods,  wares,  or  merchan 
dise,  prohibited  as  aforesaid,  shall  be  suffered  to  pass,  either 
inwards  or  outwards,  or  whereby  the  forfeitures  and  penalties 
inflicted  by  this  act  may  be  evaded,  every  such  offender  shall 
forfeit  the  sum  of  five  hundred  pounds  for  every  such  offence, 
and  shall  become  incapable  of  any  office  or  employment,  civil  or 
military;  and  every  person  who  shall  give,  offer,  or  promise,  any 
such  bribe  or  reward,  or  shall  contract,  agree,  or  treat  with  any 
person,  so  authorised  as  aforesaid,  to  commit  any  such  offence, 
shall  forfeit  the  sum  of  fifty  pounds. 

[Sec.  VI.  provides  for  the  prosecution  and  recovery  of  penalties 
under  this  act.] 

VII.  And  be  it  further  enacted  .  .  .  ,  That  every  charter  party 
bill  of  loading,  and  other  contract  for  consigning  shipping,  or 
carrying  any  goods,  wares,  and  merchandise  whatsoever,  to  or  from 
the  said  town  of  Boston,  or  any  part  of  the  bay  or  harbour  thereof, 
described  as  aforesaid,  which  have  been  made  or  entered  into, 
or  which  shall  be  made  or  entered  into,  so  long  as  this  act  shall 
remain  in  full  force,  relating  to  any  ship  which  shall  arrive  at 
the  said  town  or  harbour,  after  the  first  day  of  June,  one  thousand 
seven  hundred  and  seventy-four,  shall  be,  and  the  same  are  hereby 


342  BOSTON  PORT  ACT  [March  31 

declared  to  be,  utterly  void,  to  all  intents  and  purposes  whatso 
ever. 

VIII.  And  be  it  further  enacted  .  .  .  ,  That  whenever  it  shall 
be  made  to  appear  to  his  Majesty,  in  his  privy  council,  that 
peace  and  obedience  to  the  laws  shall  be  so  far  restored  in  the 
said  town  of  Boston,  that  the  trade  of  Great  Britain  may  safely 
be  carried  on  there,  and  his  Majesty's  customs  duly  collected, 
and  his  Majesty,  in  his  privy  council,  shall  adjudge  the  same  to 
be  true,  it  shall  and  may  be  lawful  for  his  Majesty,  by  proclama 
tion,  or  order  of  council,  to  assign  and  appoint  the  extent,  bounds, 
and  limits,  of  the  port  or  harbour  of  Boston,  and  of  every  creek 
or  haven  within  the  same,  or  in  the  islands  within  the  precincts 
thereof;  and  also  to  assign  and  appoint  such  and  so  many  open 
places,  quays,  and  wharfs,  within  the  said  harbour,  creeks,  havens, 
and  islands,  for  the  landing,  discharging,  lading,  and  shipping 
of  goods,  as  his  Majesty,  his  heirs  or  successors,   shall   judge 
necessary  and  expedient;  and  also  to  appoint  such  and  so  many 
officers  of  the  customs  therein  as  his  Majesty  shall  think  fit;  after 
which  it  shall  be  lawful  for  any  person  or  persons  to  lade  or  put 
off  from,  or  to  discharge  and  land  upon,  such  wharfs,  quays,  and 
places,  so  appointed  within  the  said  harbour,  and  none  other, 
any  goods,  wares,  and  merchandise  whatever. 

IX.  Provided  always,  That  if  any  goods,  wares,  or  merchan 
dise,  shall  be  laden  or  put  off  from,  or  discharged  or  landed  upon, 
any  other  place  than  the  quays,  wharfs,  or  places,  so  to  be  ap 
pointed,  the  same,  together  with  the  ships,   boats,   and  other 
vessels  employed  therein,  and  the  horses,  or  other  cattle  and 
carriages  used  to  convey  the  same,  and  the  person  or  persons  con 
cerned  or  assisting  therein,  or  to  whose  hands  the  same  shall 
knowingly  come,  shall  suffer  all  the  forfeitures  and  penalties 
imposed  by  this  or  any  other  act  on  the  illegal  shipping  or  land 
ing  of  goods. 

X.  Provided  also,  and  it  is  hereby  declared  and  enacted, 
That  nothing  herein  contained  shall  extend,  or  be  construed,  to 
enable  his  Majesty  to  appoint  such  port,  harbour,  creeks,  quays, 
wharfs,  places,  or  officers,  in  the  said  town  of  Boston,  or  in  the 
said  bay  or  islands,  until  it  shall  sufficiently  appear  to  his  Majesty 
that  full  satisfaction  hath  been  made  by  or  on  behalf  of  the  in 
habitants  of  the  said  town  of  Boston  to  the  united  company  of 
merchants  of  England  trading  to  the  East  Indies,  for  the  damage 


I774]  MASSACHUSETTS  GOVERNMENT  ACT  343 

sustained  by  the  said  company  by  the  destruction  of  their  goods 
sent  to  the  said  town  of  Boston,  on  board  certain  ships  or  vessels 
as  aforesaid;  and  until  it  shall  be  certified  to  his  Majesty,  in 
council,  by  the  governor,  or  lieutenant  governor,  of  the  said 
province,  that  reasonable  satisfaction  hath  been  made  to  the 
officers  of  his  Majesty's  revenue,  and  others,  who  suffered  by 
the  riots  and  insurrections  above  mentioned,  in  the  months  of 
November  and  December,  in  the  year  one  thousand  seven  hundred 
and  seventy-three,  and  in  the  month  of  January,  in  the  year  one 
thousand  seven  hundred  and  seventy-four. 

*********** 


No.  69.    Massachusetts  Government  Act 

May  20,  1774 

MARCH  28,  1774,  Lord  North  moved  in  the  House  of  Commons  for  leave  to 
bring  in  a  bill  "V°r  the  better  regulating  the  government  of  the  Province  of 
Massachusetts  Bay."/  Leave  was  given,  and  April  15  the  bill  was  presented. 
The  bill  had  its  second  reading  on  the  22d,  and  May  2,  after  spirited  debate, 
was  ordered  to  its  third  reading  by  a  vote  of  239  to  64,  and  passed.  A  peti 
tion  from  Bollan,  April  28,  for  delay  until  he  could  hear  from  Massachusetts, 
was  refused,  the  vote  being  32  to  95.  The  bill  had  its  second  reading  in  the 
Lords  May  6;  on  the  nth,  by  a  vote  of  92  to  20,  the  third  reading  was 
ordered,  and  the  bill,  with  some  amendments,  passed.  Eleven  Lords  entered 
a  protest  against  the  bill.  On  the  1 3th  the  Commons  agreed  to  the  amend 
ments  of  the  Lords,  and  on  the  2Oth  the  act  received  the  royal  assent. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXX.,  381-390. 
The  act  is  cited  as  14  Geo.  III.,  c.  45.  For  the  debates,  see  the  Parliamen 
tary  History,  XVII.,  or  Force's  American  Archives,  Fourth  Series,  I.,  66-104; 
see  also  the  Annual  Register  (1774). 

An  act  for  the  better  regulating  the  government  of  the  province  of 
the  Massachuset's  Bay,  in  New  England. 

WHEREAS  by  letters  patent  under  the  great  seal  of  England, 
made  in  the  third  year  of  the  reign  of  their  late  majesties  King 
William  and  Queen  Mary,  for  uniting,  erecting,  and  incorporating, 
the  several  colonies,  territories,  and  tracts  of  land  therein  men 
tioned,  into  one  real  province,  by  the  name  of  Their  Majesties  Pro 
vince  of  the  Massachuset's  Bay,  in'  New  England ;  whereby  it 
was,  amongst  other  things,  ordained  and  established,  that  the  gover- 


344  MASSACHUSETTS   GOVERNMENT  ACT  [May  20 

nor  of  the  said  province  should,  from  thenceforth,  be  appointed  and 
commissionated  by  their  Majesties,  their  heirs  and  successors :  It 
was,  however,  granted  and  ordained,  That,  from  the  expiration  of 
the  term  for  and  during  which  the  eight  and  twenty  persons  named 
in  the  said  letters  patent  were  appointed  to  be  the  first  counsellors 
or  assistants  to  the  governor  of  the  said  province  for  the  time  being, 
the  aforesaid  number  of  eight  and  twenty  counsellors  or  assistants 
should  yearly,  once  in  every  year,  for  ever  thereafter,  be,  by  the 
general  court  or  assembly,  newly  chosen :  And  whereas  the  said 
method  of  electing  such  counsellors  or  assistants,  to  be  vested  with 
the  several  powers,  authorities,  and  privileges,  therein  mentioned, 
althoiigh  conformable  to  the  practice  theretofore  used  in  such  of  the 
colonies  thereby  united,  in  which  the  appointment  of  the  respective 
governors  had  been  vested  in  the  general  courts  or  assemblies  of  the 
said  colonies,  hath,  by  repeated  experience,  been  found  to  be  ex 
tremely  ill  adapted  to  the  plan  of  government  established  in  the 
province  of  the  Massachusetts  Bay,  by  the  said  letters  patent  herein 
before  mentioned,  and  hath  been  so  far  from  contributing  to  the 
attainment  of  the  good  ends  and  purposes  thereby  intended,  and  to 
the  promoting  of  the  internal  welfare,  peace,  and  good  government, 
of  the  said  province,  or  to  the  maintenance  of  the  just  subordination 
to,  and  conformity  with,  the  laws  of  Great  Britain,  that  the  manner 
of  exercising  the  powers,  authorities,  and  privileges  aforesaid,  by 
the  persons  so  annually  elected,  hath,  for  some  time  past,  been  such 
as  had  the  most  manifest  tendency  to  obstruct,  and,  in  great  meas 
ure,  defeat,  the  execution  of  the  laws ;  to  weaken  the  attachment 
of  his  Majesty's  well-disposed  subjects  in  the  said  province  to  his 
Majesty's  government,  and  to  encourage  the  ill-disposed  among  them 
to  proceed  even  to  acts  of  direct  resistance  to,  and  defiance  of,  his 
Majesty's  authority :  And  it  hath  accordingly  happened,  that  an 
open  resistance  to  the  execution  of  the  laws  hath  actually  taken 
place  in  the  town  #/"  Boston,  and  the  neighbourhood  thereof ,  within 
the  said  Province :  And  whereas  it  is,  under  these  circumstances, 
become  absolutely  necessary,  in  order  to  the  preservation  of  the 
peace  and  good  order  of  the  said  province,  the  protection  of  his 
Majesty's  well-disposed  subjects  therein  resident,  the  continuance  of 
the  mutual  benefits  arising  from  the  commerce  and  correspondence 
between  this  kingdom  and  the  said  province,  and  the  maintaining 
of  the  just  dependence  of  the  said  province  upon  the  crown  and 
parliament  of  Great  Britain,  that  the  said  method  of  annually 


1774]  MASSACHUSETTS  GOVERNMENT  ACT  345 

electing  the  counsellors  or  assistants  of  the  said  Province  should 
\  no  longer  be  suffered  to  continue,  but  that  the  appointment  of  the 
said  counsellors  or  assistants  should  henceforth  be  put  upon  the 
like  footing  as  is  established  in  such  other  of  his  Majesty's  colonies 
or  plantations  in  America,  the  governors  whereof  are  appointed 
by  his  Majesty's  commission,  under  the  great  seal  of  Great  Britain  : 
Be  it  therefore  enacted  .  .  .  ,  that  from  and  after  the  first  day  of 
August,  one  thousand  seven  hundred  and  seventy-four,  so  much  of 
the  charter,  granted  by  their  majesties  King  William  and  Queen 
Mary  to  the  inhabitants  of  the  said  province  of  the  Massachusetts 
Bay,  in  New  England,  and  all  and  every  clause,  matter,  and 
thing,  therein  contained,  which  relates  to  the  time  and  manner 
of  electing  the  assistants  or  counsellors  for  the  said  province,  be 
revoked,  and  is  hereby  revoked  and  made  void  and  of  none 
effect;  and  that  the  offices  of  all  counsellors  and  assistants, 
elected  and  appointed  in  pursuance  thereof,  shall  from  thence 
forth  cease  and  determine  :  And  that,  from  and  after  the  said  first 
day  of  August,  one  thousand  seven  hundred  and  seventy-four,  the 
council,  or  court  of  assistants  of  the  said  province  for  the  time 
being,  shall  be  composed  of  such  of  the  inhabitants  or  proprietors 
of  lands  within  the  same  as  shall  be  thereunto  nominated  and 
appointed  by  his  Majesty,  his  heirs  and  successors,  from  time  to 
time,  by  warrant  under  his  or  their  signet  or  sign  manual,  and 
with  the  advice  of  the  privy  council,  agreeable  to  the  practice 
now  used  in  respect  to  the  appointment  of  counsellors  in  such  of 
his  Majesty's  other  colonies  in  America,  the  governors  whereof 
are  appointed  by  commission  under  the  great  seal  of  Great 
Britain ;  provided,  that  the  number  of  the  said  assistants  or 
counsellors  shall  not,  at  any  one  time,  exceed  thirty-six,  nor  be 
less  than  twelve. 

II.  And  it  is  hereby  further  enacted,  That  the  said  assistants 
or  counsellors,  so  to  be  appointed  as  aforesaid,  shall  hold  their 
offices  respectively,  for  and  during  the  pleasure  of  his  Majesty, 
his  heirs  or  successors;  and  shall  have  and  enjoy  all  the  powers, 
privileges,  and  immunities,  at  present  held,  exercised,  and  en 
joyed,  by  the  assistants  or  counsellors  of  the  said  province,  con 
stituted  and  elected,  from  time  to  time,  under  the  said  charter, 
(except  as  herein-after  excepted);  and  shall  also,  upon  their 
admission  into  the  said  council,  and  before  they  enter  upon  the 
execution  of  their  offices  respectively,  take  the  oaths,  and  make, 


346  MASSACHUSETTS  GOVERNMENT  ACT  [May  20 

repeat,  and  subscribe,  the  declarations  required,  as  well  by  the 
said  charter  as  by  any  law  or  laws  of  the  said  province  now  in 
force,  to  be  taken  by  the  assistants  or  counsellors  who  have  been 
so  elected  and  constituted  as  aforesaid. 

III.  And  be  it  further  enacted  .  .  .  ,  That  from  and  after  the 
first  day  oijuly,  one  thousand  seven  hundred  and  seventy-four, 
it  shall  and  may  be  lawful  for  his  Majesty's  governor  for  the  time 
being  of  the  said  province,  or,  in  his  absence,  for  the  lieutenant- 
governor,  to  nominate  and  appoint,  under  the  seal  of  the  province, 
from  time  to  time,  and  also  to  remove,  without  the  consent  of 
the  council,  all  judges  of  the  inferior  courts  of  common  pleas, 
commissioners  of  Oyer  and  Terminer,  the  attorney  general,  pro 
vosts,  marshals,  justices  of  the  peace,  and  other  officers  to  the 
council  or  courts  of  justice  belonging;  and  that  all  ...  [the  said 
officers]  .  .  .  ,  and  other  officers  so  appointed  .  .  .  ,  shall  and 
may  have,  hold,  and  exercise,  their  said  offices,  powers,  and 
authorities,  as  fully  and  completely,  to  all  intents  and  purposes, 
as  any  judges  of  the  inferior  courts  of  common  pleas,  commis 
sioners  of  Operand  Terminer,  attorney  general,  provosts,  marshals, 
or  other  officers,  have  or  might  have  done  heretofore  under  the 
said  letters  patent,  in  the  third  year  of  the  reign  of  their  late 
majesties  King  William  and  Queen  Mary ;  any  law,  statute,  or 
usage,  to  the  contrary  notwithstanding. 

IV.  [Provided,  that  the  foregoing  shall  not  be  construed  to 
annul  any  commission  granted  prior  to  July  i,  1774.] 

V.  And  be  it  further  enacted  .  .  .  ,  That,  from  and  after  .  .  . 
[July  i,  1774]  .  .  .  ,  it  shall  and  may  be  lawful  for  his  Majesty's 
governor,  or,  in  his  absence,  for  the  lieutenant-governor  for  the 
time  being  of  the  said  province,  from  time  to  time,  to  nominate 
and  appoint  the  sheriffs  without  the  consent  of  the  council,  and 
to  remove  such  sheriffs  with  such  consent,  and  not  otherwise. 

VI.  And  be  it  further  enacted  .  .  .  ,  That,  upon  every  vacancy 
of  the  offices  of  chief  justice  and  judges  of  the  superior  court  of 
the  said  province,  from  and  after   .  .  .  [July  i,  1774]  .  .  .  ,  the 
governor  for  the  time  being,  or,  in  his  absence,  the  lieutenant- 
governor,  without  the  consent  of  the  council,  shall  have  full  power 
and  authority  to  nominate  and  appoint  the  persons  to  succeed  to 
the  said  offices,  who  shall  hold  their  commissions  during  the 
pleasure  of  his  Majesty  .  .  .  ;  and  that  neither  the  chief  justice 
or  judges  appointed  before  .  .  .  [July  i,  1774]  .  .  .  ,  nor  those 


1774]  MASSACHUSETTS  GOVERNMENT  ACT  347 

who  shall  hereafter  be  appointed  pursuant  to  this  act,  shall  be 
removed,  unless  by  the  order  of  his  Majesty.  .  .  . 

VII.  And  whereas,  by  several  acts  of  the  general  court,  which 
have  been  from  time  to  time  enacted  and  passed  within  the  said 
province,  the  freeholders  and  inhabitants  of  the  several  townships, 
districts,  and  precincts,  qualified,  as  is  therein  expressed,  are  author 
ized  to  assemble  together,  annually,  or  occasionally,  upon  notice 
given,  in  such  manner  as  the  said  acts  direct,  for  the  choice  of 
selectmen,  constables,  and  other  officers,  and  for  the  making  and 
agreeing  upon  such  necessary  rules,  orders,  and  bye-laws,  for  the 
directing,  managing,  and  ordering,  the  prudential  affairs  of  such 
townships,  districts,  and  precincts,  and  for  other  purposes :  and 
whereas  a  great  abuse  has  been  made  of  the  power  of  calling  such 
meetings,  and  the  inhabitants  have,  contrary  to  the  design  of  their 
institution,  been  misled  to  treat  upon  matters  of  the  most  general 
concern,  and  to  pass  many  dangerous  and  unwarrantable  resolves : 
for  remedy  whereof,  be  it  enacted,  that  from  and  after  the  said 
first  day  of  August,  one  thousand  seven  hundred  and  seventy- 
four,  no  meeting  shall  be  called  by  the  select  men,  or  at  the 
request  of  any  number  of  freeholders  of  any  township,  district,  or 
precinct,  without  the  leave  of  the  governor,  or,  in  his  absence,  of 
the  lieutenant-governor,  in  writing,  expressing  the  special  business 
of  the  said  meeting,  first  had  and  obtained,  except  the  annual 
meeting  in  the  months  of  March  or  May,  for  the  choice  of  select 
men,  constables,  and  other  officers,  or  except  for  the  choice  of 
persons  to  fill  up  the  offices  aforesaid,  on  the  death  or  removal 
of  any  of  the  persons  first  elected  to  such  offices,  and  also,  except 
any  meeting  for  the  election  of  a  representative  or  representatives 
in  the  general  court ;  and  that  no  other  matter  shall  be  treated  of 
at  such  meetings,  except  the  election  of  their  aforesaid  officers  or 
representatives,  nor  at  any  other  meeting,  except  the  business 
expressed  in  the  leave  given  by  the  governor,  or,  in  his  absence, 
by  the  lieutenant-governor. 

VIII.  And  whereas  the  method  at  present  used  in  the  province 
of  Massachuset's  Bay,  in  America,  of  electing  persons  to  serve  on 
grand  juries,  and  other  juries,  by  the  freeholders  and  inhabitants 
of  the  several  towns,  affords  occasion  for  many  evil  practices,  and 
tends  to  pervert  the  free  and  impartial  administration  of  justice  : 
for  remedy  whereof,  be  it  further  enacted  .  .  .  ,  That  from  and 
after  the  respective  times  appointed  for  the  holding  of  the  general 


348  MASSACHUSETTS   GOVERNMENT  ACT  [May  20 

sessions  of  the  peace  in  the  several  counties  within  the  said 
province,  next  after  the  month  of  September,  one  thousand  seven 
hundred  and  seventy-four,  the  jurors  to  serve  at  the  superior 
courts  of  judicature,  courts  of  assize,  general  gaol  delivery,  gen 
eral  sessions  of  the  peace,  and  inferior  court  of  common  pleas, 
in  the  several  counties  within  the  said  province,  shall  not  be 
elected,  nominated,  or  appointed,  by  the  freeholders  and  inhabit 
ants  of  the  several  towns  within  the  said  respective  counties,  nor 
summoned  or  returned  by  the  constables  of  the  said  towns;  but 
that,  from  thenceforth,  the  jurors  to  serve  at  ...  [the  said 
courts]  .  .  .  shall  be  summoned  and  returned  by  the  sheriffs  of 
the  respective  counties  within  the  said  province;  and  all  writs 
of  Venire  Facias,  or  other  process  or  warrants  to  be  issued  for 
the  return  of  jurors  to  serve  at  the  said  courts,  shall  be  directed 
to  the  sheriffs  of  the  said  counties  respectively,  any  law,  custom, 
or  usage,  to  the  contrary  notwithstanding. 

*********#^ 

X.  And  that  all  sheriffs  may  be  better  informed  of  persons  quali 
fied  to  serve  on  juries  .  .  .  [at  the  aforesaid  courts]  .  .  .  ,  be  it 
further  enacted  .  .  .  ,  That  the  constables  of  the  respective  towns, 
within  the  several  counties  of  the  said  province,  shall,  at  the 
general  sessions  of  the  peace  to  be  holden  for  each  county,  next 
after  the  month  of  September  in  every  year,  upon  the  first  day  of 
the  said  sessions,  return  and  deliver  to  the  justices  of  the  peace, 
in  open  court,  a  true  list,  in  writing,  of  the  names  and  places  of 
abode  of  all  persons  within  the  respective  towns  for  which  they 
serve,  or  the  districts  thereof,  qualified  to  serve  upon  juries,  with 
their  titles  and  additions,  between  the  age  of  one  and  twenty- 
years  and  the  age  of  seventy  years;  which  said  justices,  or  any 
two  of  them,  at  the  said  sessions  in  the  respective  counties,  shall 
cause  to  be  delivered  a  duplicate  of  the  aforesaid  lists,  by  the 
clerk  of  the  peace  of  every  county,  to  the  sheriffs,  or  their  depu 
ties,  within  ten  days  after  such  sessions;  and  cause  each  of  the 
said  lists  to  be  fairly  entered  into  a  book,  by  the  clerk  of  the 
peace,  to  be  by  him  provided,  and  kept  for  that  purpose  amongst 
the  records  of  the  said  court;  and  no  sheriff  shall  impannel  or 
return  any  person  or  persons  to  serve  upon  any  grand  jury,  or 
petit  jury,  whatsoever,  in  any  of  the  said  courts  that  shall  not  be 
named  or  mentioned  in  such  list:  and,  to  prevent  the  failure  of 
justice,  through  the  neglect  of  constables  to  make  such  returns 


1774]  MASSACHUSETTS   GOVERNMENT  ACT  349 

of  persons  qualified  to  serve  on  juries,  as  in  and  by  this  act  is 
directed,  the  clerks  of  the  peace  of  the  said  several  counties  are 
hereby  required  and  commanded,  twenty  days  at  least  next  before 
the  month  of  September,  yearly,  and  every  year,  to  issue  forth 
precepts  or  warrants,  under  their  respective  hands  and  seals,  to 
the  respective  constables  of  the  several  towns  within  the  said 
respective  counties,  requiring  them  ...  to  make  such  return  of 
persons  qualified  to  serve  upon  juries  as  hereby  respectively 
directed;  and  every  constable  failing  at  any  time  to  make  and 
deliver  such  return  to  the  justices  in  open  court,  as  aforesaid, 
shall  forfeit  and  incur  the  penalty  of  five  pounds  sterling  to  his 
Majesty  .  .  .  ;  and,  in  order  that  the  constables  may  be  the 
better  enabled  to  make  complete  lists  of  all  persons  qualified  to 
serve  on  juries,  the  constables  of  the  several  towns  shall  have  free 
liberty,  at  all  seasonable  times,  upon  request  by  them  made  to 
any  officer  or  officers,  who  shall  have  in  his  or  their  custody  any 
book  or  account  of  rates  or  taxes  on  the  freeholders  or  inhabitants 
within  such  respective  towns,  to  inspect  the  same,  and  take  from 
thence  the  names  of  such  persons  qualified  to  serve  on  juries, 
dwelling  within  the  respective  towns  for  which  such  lists  are  to 
be  given  in  and  returned  pursuant  to  this  act;  and  shall,  in  the 
month  of  September,  yearly,  and  every  year,  upon  two  or  more 
Sundays,  fix  upon  the  door  of  the  church,  chapel,  and  every  other 
publick  place  of  religious  worship  within  their  respective  pre 
cincts,  a  true  and  exact  list  of  all  such  persons  intended  to  be 
returned  to  the  said  general  sessions  of  the  peace,  as  qualified  to 
serve  on  juries,  pursuant  to  the  directions  of  this  act;  and  leave 
at  the  same  time  a  duplicate  of  such  list  with  the  town  clerk  of 
the  said  place,  to  be  perused  by  the  freeholders  and  inhabitants 
thereof,  to  the  end  that  notice  may  be  given  of  persons  duly 
qualified  who  are  omitted,  or  of  persons  inserted  by  mistake  who 
ought  to  be  omitted  out  of  such  lists;  and  it  shall  and  may  be 
lawful  to  and  for  the  justices,  at  the  general  sessions  of  the  peace 
to  which  the  said  list  shall  be  so  returned,  upon  due  proof  made 
before  them  of  any  person  or  persons  duly  qualified  to  serve  on 
juries  being  omitted  in  such  lists,  or  of  any  person  or  persons 
being  inserted  therein  who  ought  to  have  been  omitted,  to  order 
his  or  their  name  or  names  to  be  inserted  or  struck  out,  as  the 
case  may  require :  and  in  case  any  constable  shall  wilfully  omit, 
out  of  such  list,  any  person  or  persons,  whose  name  or  names 


350  MASSACHUSETTS  GOVERNMENT  ACT  [May  20 

ought  to  be  inserted,  or  shall  wilfully  insert  any  person  or  persons 
who  ought  to  be  omitted,  every  constable  so  offending,  shall,  for 
every  person  so  omitted  or  inserted  in  such  list,  contrary  to  the 
true  intent  and  meaning  of  this  act,  be  fined  by  the  said  justices, 
in  the  said  general  sessions  of  the  peace,  in  the  sum  of  forty 
shillings  sterling. 

XL  Provided  always  .  .  .  ,  That  in  case  default  shall  at  any 
time  hereafter  be  made,  by  any  constable  or  constables,  to  return 
lists  of  persons  qualified  to  serve  on  juries  within  any  of  the  said 
towns  to  the  said  court  of  general  sessions  of  the  peace;  then, 
and  in  such  case,  it  shall  and  may  be  lawful  for  the  sheriff  of  the 
county,  in  which  such  default  shall  be  made,  to  summon  and 
return  to  the  several  courts  aforesaid,  or  any  of  them,  such  and 
so  many  persons  dwelling  in  such  towns,  or  the  districts  thereof, 
qualified  to  serve  on  juries,  as  he  shall  think  fit  to  serve  on 
juries  in  such  respective  courts.  .  .  . 


XIII.  Provided  always,  and  be  it  further  enacted  .  .  .  ,  That 
in  case  a  sufficient  number  of  persons  qualified  to  serve  on  juries 
shall  not  appear  at  the  said  courts,  or  any  of  them,  to  perform 
the  service  of  grand  or  petit  jurors;  that  then,  and  in  such  case, 
it  shall  be  lawful  for  the  said  court  to  issue  a  writ  or  precept  to 
the  sheriff,  requiring  him  to  summon  a  sufficient  number  of  other 
persons  qualified  to  serve  on  juries,  immediately  to  appear  at 
such  court,  to  fill  up  and  complete  the  number  of  jurors  to  serve 
at  such  court;  and  such  persons  are  hereby  required  to  appear 
and  serve  as  jurors  at  the  said  courts  accordingly. 

*********** 

XVII.  And  be  it  further  enacted  .  .  .  ,  That  in  case  any  per 
son  summoned  to  serve  upon  the  grand  or  petit  jury,  at  any  of 
the  courts  aforesaid,  or  upon  the  jury  in  any  prosecution,  action, 
or  suit,  depending  in  any  of  the  said  courts,  shall  not  appear  and 
serve  at  the  said  courts,  according  to  the  said  summons,  (not 
having  any  reasonable  excuse  to  be  allowed  by  the  judges  or  jus 
tices  at  such  court,)  he  shall  be  fined  ...  in  any  sum  not  ex 
ceeding  the  sum  of  ten  pounds,  nor  less  than  twenty  shillings 
sterling. 

[The  remaining  sections  relate  to  the  drawing  of  jurors,  the 
impanelling  of  special  juries,  and  other  details.] 


1774]  ADMINISTRATION  OF  JUSTICE  ACT  351 

No.  70.    Administration  of  Justice  Act 

May  20,  1774 

APRIL  15,  1774,  the  bill  for  regulating  the  government  of  Massachusetts  hav 
ing  been  presented  in  the  House  of  Commons,  Lord  North  moved  for  leave 
to  bring  in,  "  as  the  last  measure  that  Parliament  will  take,"  a  bill  "  for  the 
impartial  administration  of  justice,  in  the  cases  of  persons  questioned  for  any 
acts  done  by  them  in  the  execution  of  the  laws,  or  for  the  suppression  of  the 
riots  and  tumults,"  in  the  Massachusetts  colony.  Leave  being  given,  the  bill 
was  brought  in  on  the  2ist,  had  its  second  reading  on  the  25th,  and  May  6 
passed,  by  a  vote  of  127  to  24.  On  the  Qth  it  was  carried  up  to  the  Lords, 
where  it  was  read  a  second  time  on  the  I3th,  and  on  the  i8th  passed,  the 
vote  being  43  to  12.  Eight  members  of  the  Lords  entered  a  protest  against 
the  bill.  May  20  the  act  received  the  royal  assent.  Throughout  the  debate 
the  attendance  in  each  house  was  small. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXX.,  367-371. 
The  act  is  cited  as  14  Geo.  III.,  c.  39.  The  debates  are  in  the  Parliamen 
tary  History,  XVII.,  and  Force's  American  Archives,  Fourth  Series,  I., 
111-129;  see  also  the  Annual  Register  (1774). 

An  act  for  the  impartial  administration  of  justice  in  the  cases  of 
persons  questioned  for  any  acts  done  by  them  in  the  execution  of 
the  law,  or  for  the  suppression  of  riots  and  tumults,  in  the  prov 
ince  of  the  Massachusetts  Bay,  in  New  England. 

WHEREAS  in  his  Majesty's  province  of  Massachusetts  Bay,  in 
New  England,  an  attempt  hath  lately  been  made  to  throw  off  the 
authority  of  the  parliament  of  Great  Britain  over  the  said  province, 
and  an  actual  and  avowed  resistance,  by  open  force,  to  the  execu 
tion  of  certain  acts  of  parliament,  hath  been  suffered  to  take  place, 
uncontrolled  and  unpunished,  in  defiance  of  his  Majesty's  author 
ity,  and  to  the  utter  subversion  of  all  lawful  government:  and 
whereas,  in  the  present  disordered  state  of  the  said  province,  it  is 
of  the  utmost  importance  to  the  general  welfare  thereof,  and  to  the 
re-establishment  of  lawful  authority  throughout  the  same,  that 
neither  the  magistrates  acting  in  support  of  the  laws,  nor  any  of 
his  Majesty's  subjects  aiding  and  assisting  them  therein,  or  in  the 
suppression  of  riots  and  tumults,  raised  in  opposition  to  the  execu 
tion  of  the  laws  and  statutes  of  this  realm,  should  be  discouraged 
from  the  proper  discharge  of  their  duty,  by  an  apprehension,  that 
in  case  of  their  being  questioned  for  any  acts  done  therein,  they  may 
be  liable  to  be  brought  to  trial  for  the  same  before  persons  who  do 


352  ADMINISTRATION  OF  JUSTICE  ACT  [May  20 

not  acknowledge  the  validity  of  the  laws,  in  the  execution  thereof, 
or  the  authority  of  the  magistrate  in  support  of  whom,  such  acts 
had  been  done :  in  order  therefore  to  remove  every  such  discourage 
ment  from  the  minds  of  his  Majesty1  s  subjects,  and  to  induce  them, 
upon  all  proper  occasions,  to  exert  themselves  in  support  of  the 
public  peace  of  the  province,  and  of  the  authority  of  the  King  and 
Parliament  of  Great  Britain  over  the  same ;  be  it  enacted  .  .  .  , 
That  if  any  inquisition  or  indictment  shall  be  found,  or  if  any 
appeal  shall  be  sued  or  preferred  against  any  person,  for  murther, 
or  other  capital  offence,  in  the  province  of  the  Massachusetts  Bay, 
and  it  shall  appear,  by  information  given  upon  oath  to  the  gover 
nor,  or,  in  his  absence,  to  the  lieutenant-governor  of  the  said  prov 
ince,  that  the  fact  was  committed  by  the  person  against  whom 
such  inquisition  or  indictment  shall  be  found,  or  against  whom 
such  appeal  shall  be  sued  or  preferred,  as  aforesaid,  either  in  the 
execution  of  his  duty  as  a  magistrate,  for  the  suppression  of  riots, 
or  in  the  support  of  the  laws  of  revenue,  or  in  acting  in  his  duty 
as  an  officer  of  revenue,  or  in  acting  under  the  direction  and  order 
of  any  magistrate,  for  the  suppression  of  riots,  or  for  the  carrying 
into  effect  the  laws  of  revenue,  or  in  aiding  and  assisting  in  any 
of  the  cases  aforesaid ;  and  if  it  shall  also  appear,  to  the  satisfac 
tion  of  the  said  governor,  or  lieutenant-governor  respectively,  that 
an  indifferent  trial  cannot  be  had  within  the  said  province,  in  that 
case,  it  shall  and  may  be  lawful  for  the  governor,  or  lieutenant- 
governor,  to  direct,  with  the  advice  and  consent  of  the  council, 
that  the  inquisition,  indictment,  or  appeal,  shall  be  tried  in  some 
other  of  his  Majesty's  colonies,  or  in  Great  Britain  ;  and  for  that 
purpose,  to  order  the  person  against  whom  such  inquisition  or 
indictment  shall  be  found,  or  against  whom  such  appeal  shall  be 
sued  or  preferred,  as  aforesaid,  to  be  sent,  under  sufficient  custody, 
to  the  place  appointed  for  his  trial,  or  to  admit  such  person  to 
bail,  taking  a  recognizance,  (which  the  said  governor,  or,  in  his 
absence,  the  lieutenant-governor,  is  hereby  authorised  to  take,) 
from  such  person,  with  sufficient  sureties,  to  be  approved  of  by 
the  said  governor,  or  ...  lieutenant-governor,  in  such  sums  of 
money  as  the  said  governor,  or  ...  lieutenant-governor,  shall 
deem  reasonable,  for  the  personal  appearance  of  such  person,  if 
the  trial  shall  be  appointed  to  be  had  in  any  other  colony,  before 
the  governor,  or  lieutenant-governor,  or  commander  in  chief  of 
such  colony ;  and  if  the  trial  shall  be  appointed  to  be  had  in 


1774]  ADMINISTRATION  OF  JUSTICE  ACT  353 

Great  Britain,  then  before  his  Majesty's  court  of  King's  Bench, 
at  a  time  to  be  mentioned  in  such  recognizances ;  and  the  gover 
nor,  or  lieutenant-governor,  or  commander  in  chief  of  the  colony 
where  such  trial  shall  be  appointed  to  be  had,  or  court  of  King's 
Bench,  where  the  trial  is  appointed  be  had  in  Great  Britain,  upon 
the  appearance  of  such  person,  according  to  such  recognizance, 
or  in  custody,  shall  either  commit  such  person,  or  admit  him  to 
bail,  until  such  trial  .  .  . 

II.  And,  to  prevent  a  failure  of  justice,  from  the  want  of  evi 
dence  011  the  trial  of  any  such  inquisition,  indictment  or  appeal, 
be  it  further  enacted,  That  the  governor,  or,  in  his  absence,  the 
lieutenant-governor,  shall,  and  he  is  hereby  authorised  and  re 
quired,  to  bind  in  recognizances  to  his  Majesty  all  such  witnesses 
as  the  prosecutor  or  person  against  whom  such  inquisition  or 
indictment  shall  be  found,  or  appeal  sued  or  preferred,  shall 
desire  to  attend  the  trial  of  the  said  inquisition,  indictment,  or 
appeal,  for  their  personal  appearance,  at  the  time  and  place  of 
such  trial,  to  give  evidence :  and  the  said  governor,  or  ...  lieu 
tenant-governor,  shall  thereupon  appoint  a  reasonable  sum  to  be 
allowed  for  the  expences  of  every  such  witness,  and  shall  there 
upon  give  to  each  witness  a  certificate,  in  writing,  under  his  hand 
and  seal,  that  such  witness  has  entered  into  a  recognizance  to 
give  evidence,  and  specifying  the  sum  allowed  for  his  expences; 
and  the  collector  and  collectors  of  the  customs,  or  one  of  them, 
within  the  said  province,  upon  the  delivery  of  such  certificate, 
are,  and  is  hereby  authorised  and  required,  forthwith  to  pay  to 
such  witness  the  sum  specified  therein  for  his  expences. 

III.  [Witnesses  to  be  free  from  arrest  while  going  to  and  re 
turning  from  the  place  of  trial.] 

IV.  And  be  it  further  enacted  .  .  .  ,  That  all  and  every  his 
Majesty's  justices  of  the  peace,  and  other  justices  and  coroners, 
before  whom  any  person  shall  be  brought,  charged  with  murther, 
or  other  capital  crime,  where  it  shall  appear  by  proof,  on  oath, 
to  such  justices  or  coroners,  that  the  fact  was  committed  by  such 
person,  either  in  the  execution  of  his  duty  as  a  magistrate,  for 
the  suppression  of  riots,  or  in  the  support  of  the  laws  of  revenue, 
or  in  acting  in  his  duty  as  an  officer  of  revenue,  or  in  acting 
under  the  direction  and  order  of  any  magistrate,  for  the  suppres 
sion  of  riots,  or  for  the  carrying  into  effect  the  laws  of  revenue, 
or  in  aiding  and  assisting  in  any  of  the  cases  aforesaid,  are  hereby 

2A 


354  ADMINISTRATION  OF  JUSTICE  ACT  [May  20 

authorised  and  required  to  admit  every  such  person  so  brought 
before  him  or  them,  as  aforesaid,  to  bail;  any  law,  custom,  or 
usage,  to  the  contrary  thereof  in  any-wise  notwithstanding. 

V.  And  be  it  further  enacted  .  .  .  ,  That  where  it  shall  be 
made  appear  to  the  judges  or  justices  of  any  court,  within  the 
said  province  of  Massachusetts  Bay,  by  any  person  [charged  with 
crimes  as  aforesaid],  that  he  intends  to  make  application  to  the 
governor,  or  lieutenant-governor  of  the  said  province,  that  such 
inquisition,  indictment,  or  appeal,  may  be  tried  in  some  other 
of  his  Majesty's  colonies,  or  in  Great  Britain,  the  said  judges 
or  justices  are  hereby  authorised  and  required  to  adjourn  or  post 
pone  the  trial  of  such  inquisition,  indictment,  or  appeal,  for  a 
reasonable  time,  and  admit  the  person  to  bail,  in  order  that  he 
may  make  application  to  the  governor,  or  lieutenant-governor, 
for  the  purpose  aforesaid. 

VI.  [The  governor  to  transmit  papers,  in  cases  provided  for 
by  this  act,  to  the  governor  of  that  colony  in  which  the  trial  is  to 
be  had,  or  to  one  of  the  secretaries  of  state  in  England,  as  the 
case  may  be;  the  trial  to  proceed  as  if  the  offence  had  been  com 
mitted  at  the  place  of  trial.] 

VII.  And  be  it  enacted  .  .  .  ,  That  in  case,  on  account  of  any 
error  or  defect  in  any  indictment,  which,  in  virtue  or  under  the 
authority  of  this  act,  shall  be  transmitted  to  any  other  colony, 
or  to  Great  Britain,  the  same  shall  be  quashed,  or  judgement 
thereon  arrested,  or  such  indictment  adjudged  bad  upon  demurrer, 
it  shall  and  may  be  lawful  to  prefer  a  new  indictment  or  indict 
ments  against  the  person  or  persons  accused  in  the  said  colony, 
to  which  such  indictment,  so  quashed  or  adjudged  bad,  shall  have 
been  transmitted,  or  before  the  grand  jury  of  any  county  in  Great 
Britain,  in  case  such  former  indictment  shall  have  been  trans 
mitted  to  Great  Britain,  in  the  same  manner  as  could  be  done 
in  case  the  party  accused  should  return  to  the  place  where  the 
offence  was  committed;  and  the  grand  jury  and  petty  jury  of  such 
other  colony  or  county  in  Great  Britain  shall  have  power  to  find 
and'  proceed'  upon  such  indictment  or  indictments,  in  the  same 
manner  as  if  the  offence,  by  such  indictment  or  indictments 
charged,  had  been  committed  within  the  limits  of  the  colony  or 
county  for  which  such  juries  shall  respectively  be  impanelled  to 
serve. 

VIII.  And  be  it  further  enacted  .  .  .  ,  That  this  act ...  shall 


1774]  QUARTERING  ACT  355 

commence  and  take  effect  upon  the  first  day  oijune,  one  thou 
sand  seven  hundred  and  seventy-four;  and  be,  and  continue  in 
force,  for  and  during  the  term  of  three  years. 


No.  71.    Quartering  Act 

June  2,  1774 

A  BILL  "  for  the  better  providing  suitable  quarters  "  for  troops  in  America 
was  presented  to  the  House  of  Commons  April  29, 1774,  and  passed  that  body 
May  9,  without  a  division.  On  the  26th  the  bill  passed  the  Lords,  by  a  vote 
of  57  to  1 6,  and  June  2  received  the  royal  assent  by  cormhission.  The  object 
of  the  act  was  "  to  facilitate  the  establishment  of  a  temporary  military  govern 
ment  in  Massachusetts." 

REFERENCES.  —  Text  in  Pickering's  Statutes  at  Large,  XXX.,  410.  The 
act  is  cited  as  14  Geo.  III.,  c.  54.  The  Parliamentary  History,  XVII.,  and 
Force's  American  Archives,  Fourth  Series,  I.,  165-170,  give  the  proceedings 
in  Parliament. 

An  act  for  the  better  providing  suitable  quarters  for  officers  and 
soldiers  in  his  Majesty's  service  in  North  America. 

WHEREAS  doubts  have  been  entertained,  whether  troops  can 
be  quartered  otherwise  than  in  barracks,  in  case  barracks  have 
been  provided  sufficient  for  the  quartering  of  all  the  officers  and 
soldiers  within  any  town,  township,  city,  district,  or  place,  within 
his  Majesty's  dominions  in  North  America  :  And  whereas  it  may 
frequently  happen,  from  the  situation  of  such  barracks,  that,  if 
troops  should  be  quartered  therein,  they  would  not  be  stationed 
where  their  presence  may  be  necessary  and  required :  be  it  there 
fore  enacted  .  .  .  ,  That,  in  such  cases,  it  shall  and  may  be  lawful 
for  the  persons  who  now  are,  or  may  be  hereafter,  authorized  by 
law,  in  any  of  the  provinces  within  his  Majesty's  dominions  in 
North  America,  and  they  are  hereby  respectively  authorized, 
impowered,  and  directed,  on  the  requisition  of  the  officer  who, 
for  the  time  being,  has  the  command  of  his  Majesty's  forces  in 
North  America,  to  cause  any  officers  or  soldiers  in  his  Majesty's 
service  to  be  quartered  and  billetted  in  such  manner  as  is  now 
directed  by  law,  where  no  barracks  are  provided  by  the  colonies. 

II.  And  be  it  further  enacted  .  .  .  ,  That  if  it  shall  happen  at 
any  time  that  any  officers  or  soldiers  in  his  Majesty's  service  shall 


356  DECLARATION   AND    RESOLVES  [Oct.  14 

remain  within  any  of  the  said  colonies  without  quarters,  for  the 
space  of  twenty-four  hours  after  such  quarters  shall  have  been 
demanded,  it  shall  and  may  be  lawful  for  the  governor  of  the 
province  to  order  and  direct  such  and  so  many  uninhabited 
houses,  out-houses,  barns,  or  other  buildings,  as  he  shall  think 
necessary  to  be  taken,  (making  a  reasonable  allowance  for  the 
same),  and  make  fit  for  the  reception  of  such  officers  and  soldiers, 
and  to  put  and  quarter  such  officers  and  soldiers  therein,  for  such 
time  as  he  shall  think  proper. 

III.  And  be  it  further  enacted  .  .  .  ,  That  this  act,  and  every 
thing  herein  contained,  shall  continue  and  be  in  force,  in  all  his 
Majesty's  dominions  in  North  America,  until  the  twenty-fourth 
day  of  March,  one  thousand  seven  hundred  and  seventy-six. 


No.  72.    Declaration  and  Resolves  of  the 
First  Continental  Congress 

October  14,  1774 

JUNE  17,  1774,  the  Massachusetts  House  of  Representatives,  under  the 
leadership  of  Samuel  Adams,  resolved :  "  That  a  meeting  of  committees  from 
the  several  colonies  on  this  continent  is  highly  expedient  and  necessary,  to 
consult  upon  the  present  state  of  the  colonies,  and  the  miseries  to  which  they 
are  and  must  be  reduced  by  the  operation  of  certain  acts  of  Parliament  re 
specting  America,  and  to  deliberate  and  determine  upon  wise  and  proper 
measures,  to  be  by  them  recommended  to  all  the  colonies,  for  the  recovery 
and  establishment  of  their  just  rights'  and  liberties,  civil  and  religious,  and  the 
restoration  of  union  and  harmony  between  Great  Britain  and  the  colonies, 
most  ardently  desired  by  all  good  men :  Therefore,  resolved,  that  the  Hon. 
James  Bowdoin,  Esq.,  the  Hon.  Thomas  Gushing,  Esq.,  Mr.  Samuel  Adams, 
John  Adams  and  Robert  Treat  Paine,  Esqrs.,  be,  and  they  are  hereby  ap 
pointed  a  committee  on  the  part  of  this  province,  for  the  purposes  aforesaid, 
any  three  of  whom  to  be  a  quorum,  to  meet  such  committees  or  delegates 
from  the  other  colonies  as  have  been  or  may  be  appointed,  either  by  their 
respective  houses  of  burgesses  or  representatives,  or  by  convention,  or  by  the 
committees  of  correspondence  appointed  by  the  respective  houses  of  assembly, 
in  the  city  of  Philadelphia,  or  any  other  place  that  shall  be  judged  most  suita 
ble  by  the  committee,  on  the  1st  day  of  September  next;  and  that  the  speaker 
of  the  house  be  directed,  in  a 'letter  to  the  speakers  of  the  houses  of  burgesses 
or  representatives  in  the  several  colonies,  to  inform  them  of  the  substance  of 
these  resolves." 

In  accordance  with  this  call,  delegates  from  all  the  colonies  except  North 


I774]  DECLARATION   AND   RESOLVES  357 

Carolina  and  Georgia  met  at  Philadelphia  September  5 ;  representatives  from 
North  Carolina  appearing  on  the  I4th.  On  the  7th,  a  committee  of  two  from 
each  colony  was  appointed  "  to  state  the  rights  of  the  colonies  in  general,  the 
several  instances  in  which  those  rights  are  violated  or  infringed,  and  the 
means  most  proper  to  be  pursued  for  obtaining  a  restoration  of  them."  A 
report  under  this  resolution  was  brought  in  on  the  22d,  and  read.  On  the 
24th,  however,  it  was  voted  "  that  the  Congress  do  confine  themselves,  at 
present,  to  the  consideration  of  such  rights  as  have  been  infringed  by  acts  of 
the  British  Parliament  since  the  year  1763."  A  report  in  accordance  with 
this  vote  being  brought  in  and  read,  further  consideration  was  postponed 
while  the  Congress  deliberated  "  on  the  means  most  proper  to  be  used  for  a 
restoration  "  of  colonial  rights.  The  report  on  the  rights  and  grievances  of 
the  colonies  was  finally  taken  up  October  12,  and  on  the  I4th  agreed  to  in 
the  form  following. 

REFERENCES. —  Text  in  Journals  of  Congress  (ed.  1800),  I.,  26-30.  The 
record  of  proceedings  in  the  journal  is  meagre;  for  additional  details  see 
Frothingham's  Rise  of  the  Republic,  331-391;  John  Adams's  diary,  in  his 

Works,  II.,  340-404;  and  lives  and  works  of  members  of  the  Congress.     The 
instructions  to  the  Virginia  delegates,  in  Jefferson's  Writings  (ed.  1830),  I., 

100-116,  are  especially  significant. 

Whereas,  since  the  close  of  the  last  war,  the  British  parliament, 
claiming  a  power,  of  right,  to  bind  the  people  of  America  by 
statutes  in  all  cases  whatsoever,  hath,  in  some  acts,  expressly 
imposed  taxes  on  them,  and  in  others,  under  various  pretences, 
but  in  fact  for  the  purpose  of  raising  a  revenue,  hath  imposed 
rates  and  duties  payable  in  these  colonies,  established  a  board  of 
commissioners,  with  unconstitutional  powers,  and  extended  the 
jurisdiction  of  courts  of  admiralty,  not  only  for  collecting  the  said 
duties,  but  for  the  trial  of  causes  merely  arising  within  the  body 
of  a  county. 

And  whereas,  in  consequence  of  other  statutes,  judges,  who 
before  held  only  estates  at  will  in  their  offices,  have  been  made 
dependant  on  the  crown  alone  for  their  salaries,  and  standing 
armies  kept  in  times  of  peace :  And  whereas  it  has  lately  been 
resolved  in  parliament,  that  by  force  of  a  statute,  made  in  the 
thirty-fifth  year  of  the  reign  of  King  Henry  the  Eighth,  colonists 
may  be  transported  to  England,  and  tried  there  upon  accusations 
for  treasons  and  misprisions,  or  concealments  of  treasons  com 
mitted  in  the  colonies,  and  by  a  late  statute,  such  trials  have  been 
directed  in  cases  therein  mentioned : 

And  whereas,  in  the  last  session  of  parliament,  three  statutes 
were  made;  one  entitled,  "An  act  to  discontinue,  in  such  manner 


358  DECLARATION  AND  RESOLVES  [Oct.  14 

and  for  such  time  as  are  therein  mentioned,  the  landing  and  dis 
charging,  lading,  or  shipping  of  goods,  wares  and  merchandize, 
at  the  town,  and  within  the  harbour  of  Boston,  in  the  province 
of  Massachusetts-Bay  in  North-America;  "  another  entitled,  "An 
act  for  the  better  regulating  the  government  of  the  province  of 
Massachusetts-Bay  in  New  England;  "  and  another  entitled,  "An 
act  for  the  impartial  administration  of  justice,  in  the  cases  of 
persons  questioned  for  any  act  done  by  them  in  the  execution  of 
the  law,  or  for  the  suppression  of  riots  and  tumults,  in  the  province 
of  the  Massachusetts-Bay  in  New  England;  "  and  another  statute 
was  then  made,  "for  making  more  effectual  provision  for  the 
government  of  the  province  of  Quebec,  &c."  All  which  statutes 
are  impolitic,  unjust,  and  cruel,  as  well  as  unconstitutional,  and 
most  dangerous  and  destructive  of  American  rights : 

And  whereas,  assemblies  have  been  frequently  dissolved,  con 
trary  to  the  rights  of  the  people,  when  they  attempted  to  deliberate 
on  grievances;  and  their  dutiful,  humble,  loyal,  and  reasonable 
petitions  to  the  crown  for  redress,  have  been  repeatedly  treated 
with  contempt,  by  his  Majesty's  ministers  of  state: 

The  good  people  of  the  several  colonies  of  New-Hampshire, 
Massachusetts-Bay,  Rhode-Island  and  Providence  Plantations, 
Connecticut,  New-York,  New-Jersey,  Pennsylvania,  Newcastle, 
Kent,  and  Sussex  on  Delaware,  Maryland,  Virginia,  North- 
Carolina,  and  South-Carolina,  justly  alarmed  at  these  arbitrary 
proceedings  of  parliament  and  administration,  have  severally 
elected,  constituted,  and  appointed  deputies  to  meet,  and  sit  in 
general  Congress,  in  the  city  of  Philadelphia,  in  order  to  obtain 
such  establishment,  as  that  their  religion,  laws,  and  liberties, 
may  not  be  subverted:  Whereupon  the  deputies  so  appointed 
being  now  assembled,  in  a  full  and  free  representation  of  these 
colonies,  taking  into  their  most  serious  consideration,  the  best 
means  of  attaining  the  ends  aforesaid,  do,  in  the  first  place,  as 
Englishmen,  their  ancestors  in  like  cases  have  usually  done,  for 
asserting  and  vindicating  their  rights  and  liberties,  DECLARE, 

That  the  inhabitants  of  the  English  colonies  in  North-America, 
by  the  immutable  laws  of  nature,  the  principles  of  the  English 
constitution,  and  the  several  charters  or  compacts,  have  the  fol 
lowing  RIGHTS : 

Resolved,  N.  C.  D.  i.  That  they  are  entitled  to  life,  lib 
erty  and  property:  and  they  have  never  ceded  to  any  for- 


1774]  DECLARATION  AND   RESOLVES  359 

eign  power  whatever,  a  right  to  dispose  of  either  without  their 
consent. 

Resolved,  N.  C.  D.  2.  That  our  ancestors,  who  first  settled 
these  colonies,  were  at  the  time  of  their  emigration  from  the 
mother  country,  entitled  to  all  the  rights,  liberties,  and  im 
munities  of  free  and  natural-born  subjects,  within  the  realm  of 
England. 

Resolved,  N.  C.  D.  3.  That  by  such  emigration  they  by  no 
means  forfeited,  surrendered,  or  lost  any  of  those  rights,  but  that 
they  were,  and  their  descendants  now  are,  entitled  to  the  exercise 
and  enjoyment  of  all  such  of  them,  as  their  local  and  other  cir 
cumstances  enable  them  to  exercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  English  liberty,  and  of  all 
free  government,  is  a  right  in  the  people  to  participate  in  their 
legislative  council :  and  as  the  English  colonists  are  not  repre 
sented,  and  from  their  local  and  other  circumstances,  cannot 
properly  be  represented  in  the  British  parliament,  they  are  entitled 
to  a  free  and  exclusive  power  of  legislation  in  their  several  pro 
vincial  legislatures,  where  their  right  of  representation  can  alone 
be  preserved,  in  all  cases  of  taxation  and  internal  polity,  subject 
only  to  the  negative  of  their  sovereign,  in  such  manner  as  has 
been  heretofore  used  and  accustomed :  But,  from  the  necessity 
of  the  case,  and  a  regard  to  the  mutual  interest  of  both  countries, 
we  cheerfully  consent  to  the  operation  of  such  acts  of  the  British 
parliament,  as  are  bona  fide,  restrained  to  the  regulation  of  our 
external  commerce,  for  the  purpose  of  securing  the  commercial 
advantages  of  the  whole  empire  to  the  mother  country,  and  the 
commercial  benefits  of  its  respective  members;  excluding  every 
idea  of  taxation  internal  or  external,  for  raising  a  revenue  on  the 
subjects,  in  America,  without  their  consent. 

Resolved,  N.  C.  D.  5.  That  the  respective  colonies  are  en 
titled  to  the  common  law  of  England,  and  more  especially  to  the 
great  and  inestimable  privilege  of  being  tried  by  their  peers  of 
the  vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  the  benefit  of  such  of 
the  English  statutes,  as  existed  at  the  time  of  their  colonization; 
and  which  they  have,  by  experience,  respectively  found  to  be 
applicable  to  their  several  local  and  other  circumstances. 

Resolved,  N.  C.  D.  7.  That  these,  his  majesty's  colonies, 
are  likewise  entitled  to  all  the  immunities  and  privileges  granted 


360  DECLARATION   AND   RESOLVES  [Oct.  14 

and  confirmed  to  them  by  royal  charters,  or  secured  by  their 
several  codes  of  provincial  laws. 

Resolved,  N.  C.  D.  8.  That  they  have  a  right  peaceably  to 
assemble,  consider  of  their  grievances,  and  petition  the  king; 
and  that  all  prosecutions,  prohibitory  proclamations,  and  com 
mitments  for  the  same,  are  illegal. 

Resolved,  N.  C.  D.  9.  That  the  keeping  a  standing  army  in 
these  colonies,  in  times  of  peace,  without  the  consent  of  the 
legislature  of  that  colony,  in  which  such  army  is  kept,  is  against 
law. 

Resolved,  N.  C.  D.  10.  It  is  indispensably  necessary  to  good 
government,  and  rendered  essential  by  the  English  constitution, 
that  the  constituent  branches  of  the  legislature  be  independent 
of  each  other;  that,  therefore,  the  exercise  of  legislative  power 
in  several  colonies,  by  a  council  appointed,  during  pleasure,  by 
the  crown,  is  unconstitutional,  dangerous  and  destructive  to  the 
freedom  of  American  legislation. 

All  and  each  of  which  the  aforesaid  deputies,  in  behalf  of 
themselves,  and  their  constituents,  do  claim,  demand,  and  insist 
on,  as  their  indubitable  rights  and  liberties;  which  cannot  be 
legally  taken  from  them,  altered  or  abridged  by  any  power  what 
ever,  without  their  own  consent,  by  their  representatives  in  their 
several  provincial  legislatures. 

In  the  course  of  our  inquiry,  we  find  many  infringements  and 
violations  of  the  foregoing  rights,  which,  from  an  ardent  desire, 
that  harmony  and  mutual  intercourse  of  affection  and  interest 
may  be  restored,  we  pass  over  for  the  present,  and  proceed  to 
state  such  acts  and  measures  as  have  been  adopted  since  the  last 
war,  which  demonstrate  a  system  formed  to  enslave  America. 

Resolved,  N.  C.  D.  That  the  following  acts  of  parliament  are 
infringements  and  violations  of  the  rights  of  the  colonists;  and 
that  the  repeal  of  them  is  essentially  necessary,  in  order  to 
restore  harmony  between  Great- Britain  and  the  American  colo 
nies,  viz. 

The  several  acts  of  4  Geo.  III.  ch.  15.  and  ch.  34. — 5  Geo.  III. 
ch.  25.  —  6  Geo.  III.  ch.  52.  —  7  Geo.  III.  ch.  41.  and  ch.  46. 
—  8  Geo.  III.  ch.  22.  which  impose  duties  for  the  purpose  of 
raising  a  revenue  in  America,  extend  the  power  of  the  admiralty 
courts  beyond  their  ancient  limits,  deprive  the  American  subject 
of  trial  by  jury,  authorise  the  judges  certificate  to  indemnify  the 


1774]  DECLARATION  AND  RESOLVES  361 

prosecutor  from  damages,  that  he  might  otherwise  be  liable  to, 
requiring  oppressive  security  from  a  claimant  of  ships  and  goods 
seized,  before  he  shall  be  allowed  to  defend  his  property,  and 
are  subversive  of  American  rights. 

Also  12  Geo.  III.  ch.  24.  intituled,  "An  act  for  the  better  se 
curing  his  majesty's  dockyards,  magazines,  ships,  ammunition, 
and  stores,"  which  declares  a  new  offence  in  America,  and  de 
prives  the  American  subject  of  a  constitutional  trial  by  jury  of 
the  vicinage,  by  authorising  the  trial  of  any  person,  charged  with 
the  committing  any  offence  described  in  the  said  act,  out  of  the 
realm,  to  be  indicted  and  tried  for  the  same  in  any  shire  or 
county  within  the  realm. 

Also  the  three  acts  passed  in  the  last  session  of  parliament,  for 
stopping  the  port  and  blocking  up  the  harbour  of  Boston,  for 
altering  the  charter  and  government  of  Massachusetts-Bay,  and 
that  which  is  entitled,  "  An  act  for  the  better  administration  of 
justice,  &c." 

Also  the  act  passed  in  the  same  session  for  establishing  the 
Roman  Catholic  religion,  in  the  province  of  Quebec,  abolishing 
the  equitable  system  of  English  laws,  and  erecting  a  tyranny  there, 
to  the  great  danger,  (from  so  total  a  dissimilarity  of  religion,  law 
and  government)  of  the  neighbouring  British  colonies,  by  the 
assistance  of  whose  blood  and  treasure  the  said  country  was  con 
quered  from  France. 

Also  the  act  passed  in  the  same  session,  for  the  better  providing 
suitable  quarters  for  officers  and  soldiers  in  his  majesty's  service, 
in  North-America. 

Also,  that  the  keeping  a  standing  army  in  several  of  these  colo 
nies,  in  time  of  peace,  without  the  consent  of  the  legislature  of 
that  colony,  in  which  such  army  is  kept,  is  against  law. 

To  these  grievous  acts  and  measures,  Americans  cannot  submit, 
but  in  hopes  their  fellow  subjects  in  Great-Britain  will,  on  a 
revision  of  them,  restore  us  to  that  state,  in  which  both  countries 
found  happiness  and  prosperity,  we  have  for  the  present,  only 
resolved  to  pursue  the  following  peaceable  measures :  i.  To  enter 
into  a  non-importation,  non-consumption,  and  non-exportation 
agreement  or  association.  2.  To  prepare  an  address  to  the  peo 
ple  of  Great-Britain,  and  a  memorial  to  the  inhabitants  of  Brit 
ish  America:  and  3.  To  prepare  a  loyal  address  to  his  majesty, 
agreeable  to  resolutions  already  entered  into. 


362  THE  ASSOCIATION  [Oct.  20 

No.  73.    The  Association 

October  20,  1774 

SEPTEMBER  22,  1774,  the  Continental  Congress  unanimously  voted  to  "re 
quest  the  merchants  and  others,  in  the  several  colonies,  not  to  send  to  Great 
Britain  any  orders  for  goods,  and  to  direct  the  execution  of  all  orders  already 
sent  to  be  delayed  or  suspended,  until  the  sense  of  the  Congress  on  the  means 
to  be  taken  for  the  preservation  of  the  liberties  of  America  is  made  public." 
On  the  27th  it  was  resolved  "  that  from  and  after  the  first  day  of  December 
next,  there  be  no  importation  into  British  America,  from  Great  Britain  or 
Ireland,  of  any  goods,  wares  or  merchandize  whatever,  or  from  any  other 
place  of  any  such  goods,  wares  or  merchandizes  as  shall  have  been  exported 
from  Great  Britain  or  Ireland,  and  that  no  such  goods,  wares  or  merchandizes 
imported  after  the  said  first  day  of  December  next  be  used  or  purchased." 
A  resolution  of  September  30  declared  that  exportation  to  Great  Britain, 
Ireland,  and  the  West  Indies  ought  to  cease  from  and  after  Sept.  10,  1775, 
"unless  the  grievances  of  America  are  redressed  before  that  time;  "  and  a 
committee  was  appointed  "  to  bring  in  a  plan  for  carrying  into  effect  the  non 
importation,  non-consumption  and  non-exportation  resolved  on."  October  6 
the  committee  were  directed  to  include  in  their  plan  a  clause  prohibiting  the 
importation,  after  December  I,  of  molasses,  coffee  and  pimento  from  the 
British  plantations  or  Dominica,  wines  from  Madeira  and  the  Western  Islands, 
and  foreign  indigo.  The  report  of  the  committee  was  brought  in  October  12, 
and  on  the  i8th  was  agreed  to;  on  the  2Oth  it  was  signed  by  fifty-three 
members  of  the  Congress. 

REFERENCES. —  Text  in  Journals  of  Congress  (ed.  1800),  I.,  31-35.  For 
references,  see  under  No.  72,  ante.  Numerous  documents  relating  to  the 
observance  of  the  Association  in  the  different  colonies  are  collected  in  Force's 
American  Archives,  Fourth  Series,  I.,  II. 

WE,  his  majesty's  most  loyal  subjects,  the  delegates  of  the 
several  colonies  of  New-Hampshire,  Massachusetts-Bay,  Rhode- 
Island,  Connecticut,  New-York,  New-Jersey,  Pennsylvania,  the 
three  lower  counties  of  Newcastle,  Kent  and  Sussex  on  Delaware, 
Maryland,  Virginia,  North-Carolina,  and  South-Carolina,  deputed 
to  represent  them  in  a  continental  Congress,  held  in  the  city  of 
Philadelphia,  on  the  fifth  day  of  September,  1774,  avowing  our 
allegiance  to  his  majesty,  our  affection  and  regard  for  our  fellow- 
subjects  in  Great  Britain  and  elsewhere,  affected  with  the  deepest 
anxiety,  and  most  alarming  apprehensions,  at  those  grievances 
and  distresses,  with  which  his  majesty's  American  subjects  are 
oppressed;  and  having  taken  under  our  most  serious  deliberation, 
the  state  of  the  whole  continent,  find,  that  the  present  unhappy 


1774]  THE  ASSOCIATION  363 

situation  of  our  affairs  is  occasioned  by  a  ruinous  system  of  colony 
administration,  adopted  by  the  British  ministry  about  the  year 
1763,  evidently  calculated  for  inslaving  these  colonies,  and,  with 
them,  the  British  Empire.  In  prosecution  of  which  system,  va 
rious  acts  of  parliament  have  been  passed,  for  raising  a  revenue 
in  America,  for  depriving  the  American  subjects,  in  many  in 
stances,  of  the  constitutional  trial  by  jury,  exposing  their  lives 
to  danger,  by  directing  a  new  and  illegal  trial  beyond  the  seas, 
for  crimes  alleged  to  have  been  committed  in  America :  And  in 
prosecution  of  the  same  system,  several  late,  cruel,  and  oppressive 
acts  have  been  passed,  respecting  the  town  of  Boston  and  the 
Massachusetts-Bay,  and  also  an  act  for  extending  the  province  of 
Quebec,  so  as  to  border  on  the  western  frontiers  of  these  colonies, 
establishing  an  arbitrary  government  therein,  and  discouraging 
the  settlement  of  British  subjects  in  that  wide  extended  country; 
thus,  by  the  influence  of  civil  principles  and  ancient  prejudices, 
to  dispose  the  inhabitants  to  act  with  hostility  against  the  free 
Protestant  colonies,  whenever  a  wicked  ministry  shall  chuse  so 
to  direct  them. 

To  obtain  redress  of  these  grievances,  which  threaten  destruc 
tion  to  the  lives,  liberty,  and  property  of  his  majesty's  subjects, 
in  North-America,  we  are  of  opinion,  that  a  non-importation, 
non-consumption,  and  non-exportation  agreement,  faithfully  ad 
hered  to,  will  prove  the  most  speedy,  effectual,  and  peaceable 
measure :  And,  therefore,  we  do,  for  ourselves,  and  the  inhabit 
ants  of  the  several  colonies,  whom  we  represent,  firmly  agree  and 
associate,  under  the  sacred  ties  of  virtue,  honour  and  love  of  our 
country,  as  follows : 

First,  That  from  and  after  the  first  day  of  December  next,  we 
will  not  import,  into  British  America,  from  Great-Britain  or  Ire 
land,  any  goods,  wares,  or  merchandize  whatsoever,  or  from  any 
other  place,  any  such  goods,  wares,  or  merchandize,  as  shall  have 
been  exported  from  Great-Britain  or  Ireland;  nor  will  we,  after 
that  day,  import  any  East-India  tea  from  any  part  of  the  world; 
nor  any  molasses,  syrups,  paneles,  coffee,  or  pimento,  from  the 
British  plantations  or  from  Dominica;  nor  wines  from  Madeira, 
or  the  Western  Islands;  nor  foreign  indigo. 

Second,  We  will  neither  import  nor  purchase,  any  slave  im 
ported  after  the  first  day  of  December  next;  after  which  time, 
we  will  wholly  discontinue  the  slave  trade,  and  will  neither  be 


364  THE  ASSOCIATION  [Oct.  20 

concerned  in  it  ourselves,  nor  will  we  hire  our  vessels,  nor  sell 
our  commodities  or  manufactures  to  those  who  are  concerned 
in  it. 

Third,  As  a  non-consumption  agreement,  strictly  adhered  to, 
will  be  an  effectual  security  for  the  observation  of  the  non 
importation,  we,  as  above,  solemnly  agree  and  associate,  that 
from  this  day,  we  will  not  purchase  or  use  any  tea,  imported  on 
account  of  the  East-India  company,  or  any  on  which  a  duty  hath 
been  or  shall  be  paid;  and  from  and  after  the  first  day  of  March 
next,  we  will  not  purchase  or  use  any  East-India  tea  whatever; 
nor  will  we,  nor  shall  any  person  for  or  under  us,  "purchase  or 
use  any  of  those  goods,  wares,  or  merchandize,  we  have  agreed 
not  to  import,  which  we  shall  know,  or  have  cause  to  suspect, 
were  imported  after  the  first  day  of  December,  except  such  as 
come  under  the  rules  and  directions  of  the  tenth  article  hereafter 
mentioned. 

Fourth,  The  earnest  desire  we  have  not  to  injure  our  fellow- 
subjects  in  Great-Britain,  Ireland,  or  the  West-Indies,  induces 
us  to  suspend  a  non-exportation,  until  the  tenth  day  of  September, 
J775;  at  which  time,  if  the  said  acts  and  parts  of  acts  of  the 
British  parliament  herein  after  mentioned,  are  not  repealed,  we 
will  not  directly  or  indirectly,  export  any  merchandize  or  com 
modity  whatsoever  to  Great-Britain,  Ireland,  or  the  West-Indies, 
except  rice  to  Europe. 

Fifth,  Such  as  are  merchants,  and  use  the  British  and  Irish 
trade,  will  give  orders,  as  soon  as  possible,  to  their  factors,  agents 
and  correspondents,  in  Great-Britain  and  Ireland,  not  to  ship 
any  goods  to  them,  on  any  pretence  whatsoever,  as  they  cannot 
be  received  in  America;  and  if  any  merchant,  residing  in  Great- 
Britain  or  Ireland,  shall  directly  or  indirectly  ship  any  goods, 
wares  or  merchandize,  for  America,  in  order  to  break  the  said 
non-importation  agreement,  or  in  any  manner  contravene  the 
same,  on  such  unworthy  conduct  being  well  attested,  it  ought  to 
be  made  public;  and,  on  the  same  being  so  done,  we  will  not, 
from  thenceforth,  have  any  commercial  connexion  with  such 
merchant. 

Sixth,  That  such  as  are  owners  of  vessels  will  give  positive 
orders  to  their  captains,  or  masters,  not  to  receive  on  board  their 
vessels  any  goods  prohibited  by  the  said  non-importation  agree 
ment,  on  pain  of  immediate  dismission  from  their  service. 


1774]  THE  ASSOCIATION  365 

Seventh,  We  will  use  our  utmost  endeavours  to  improve  the 
breed  of  sheep,  and  increase  their  number  to  the  greatest  extent; 
and  to  that  end,  we  will  kill  them  as  seldom  as  may  be,  especially 
those  of  the  most  profitable  kind;  nor  will  we  export  any  to  the 
West-Indies  or  elsewhere;  and  those  of  us,  who  are  or  may  be 
come  overstocked  with,  or  can  conveniently  spare  any  sheep, 
will  dispose  of  them  to  our  neighbours,  especially  to  the  poorer 
sort,  on  moderate  terms. 

Eighth,  We  will,  in  our  several  stations,  encourage  frugality, 
ceconomy,  and  industry,  and  promote  agriculture,  arts  and  the 
manufactures  of  this  country,  especially  that  of  wool;  and  will 
discountenance  and  discourage  every  species  of  extravagance  and 
dissipation,  especially  all  horse-racing,  and  all  kinds  of  gaming, 
cock  fighting,  exhibitions  of  shews,  plays,  and  other  expensive 
diversions  and  entertainments;  and  on  the  death  of  any  relation 
or  friend,  none  of  us,  or  any  of  our  families  will  go  into  any 
further  mourning-dress,  than  a  black  crape  or  ribbon  on  the  arm 
or  hat,  for  gentlemen,  and  a  black  ribbon  and  necklace  for  ladies, 
and  we  will  discontinue  the  giving  of  gloves  and  scarves  at 
funerals. 

Ninth,  Such  as  are  venders  of  goods  or  merchandize  will  not 
take  advantage  of  the  scarcity  of  goods,  that  may  be  occasioned 
by  this  association,  but  will  sell  the  same  at  the  rates  we  have 
been  respectively  accustomed  to  do,  for  twelve  months  last  past. 
—  And  if  any  vender  of  goods  or  merchandize  shall  sell  such 
goods  on  higher  terms,  or  shall,  in  any  manner,  or  by  any  device 
whatsoever,  violate  or  depart  from  this  agreement,  no  person 
ought,  nor  will  any  of  us  deal  with  any  such  person,  or  his  or 
her  factor  or  agent,  at  any  time  thereafter,  for  any  commodity 
whatever. 

Tenth,  In  case  any  merchant,  trader,  or  other  person,  shall  im 
port  any  goods  or  merchandize,  after  the  first  day  of  December, 
and  before  the  first  day  of  February  next,  the  same  ought  forth 
with,  at  the  election  of  the  owner,  to  be  either  re-shipped  or 
delivered  up  to  the  committee  of  the  county  or  town,  wherein 
they  shall  be  imported,  to  be  stored  at  the  risque  of  the  importer, 
until  the  non-importation  agreement  shall  cease,  or  be  sold  under 
the  direction  of  the  committee  aforesaid;  and  in  the  last-men 
tioned  case,  the  owner  or  owners  of  such  goods  shall  be  reim 
bursed  out  of  the  sales,  the  first  cost  and  charges,  the  profit,  if 


366  THE  ASSOCIATION  [Oct.  20 

any,  to  be  applied  towards  relieving  and  employing  such  poor 
inhabitants  of  the  town  of  Boston,  as  are  immediate  sufferers  by 
the  Boston  port-bill;  and  a  particular  account  of  all  goods  so 
returned,  stored,  or  sold,  to  be  inserted  in  the  public  papers; 
and  if  any  goods  or  merchandizes  shall  be  imported  after  the  said 
first  day  of  February,  the  same  ought  forthwith  to  be  sent  back 
again,  without  breaking  any  of  the  packages  thereof. 

Eleventh,  That  a  committee  be  chosen  in  every  county,  city, 
and  town,  by  those  who  are  qualified  to  vote  for  representatives 
in  the  legislature,  whose  business  it  shall  be  attentively  to  observe 
the  conduct  of  all  persons  touching  this  association;  and  when 
it  shall  be  made  to  appear,  to  the  satisfaction  of  a  majority  of 
any  such  committee,  that  any  person  within  the  limits  of  their 
appointment  has  violated  this  association,  that  such  majority  do 
forthwith  cause  the  truth  of  the  case  to  be  published  in  the 
gazette;  to  the  end,  that  all  such  foes  to  the  rights  of  British- 
America  may  be  publicly  known,  and  universally  contemned  as 
the  enemies  of  American  liberty;  and  thenceforth  we  respectively 
will  break  off  all  dealings  with  him  or  her. 

Twelfth,  That  the  committee  of  correspondence,  in  the  respec 
tive  colonies,  do  frequently  inspect  the  entries  of  their  custom 
houses,  and  inform  each  other,  from  time  to  time,  of  the  true 
state  thereof,  and  of  every  other  material  circumstance  that  may 
occur  relative  to  this  association. 

Thirteenth,  That  all  manufactures  of  this  country  be  sold  at 
reasonable  prices,  so  that  no  undue  advantage  be  taken  of  a  future 
scarcity  of  goods. 

Fourteenth,  And  we  do  further  agree  and  resolve,  that  we  will 
have  no  trade,  commerce,  dealings  or  intercourse  whatsoever, 
with  any  colony  or  province,  in  North-America,  which  shall  not 
accede  to,  or  which  shall  hereafter  violate  this  association,  but 
will  hold  them  as  unworthy  of  the  rights  of  freemen,  and  as 
inimical  to  the  liberties  of  their  country. 

And  we  do  solemnly  bind  ourselves  and  our  constituents,  under 
the  ties  aforesaid,  to  adhere  to  this  association,  until  such  parts 
of  the  several  acts  of  parliament,  passed  since  the  close  of  the 
last  war,  as  impose  or  continue  duties  on  tea,  wine,  molasses, 
syrups,  paneles,  coffee,  sugar,  pimento,  indigo,  foreign  paper, 
glass,  and  painters  colours,  imported  into  America,  and  extend 
the  powers  of  the  admiralty  courts  beyond  their  ancient  limits, 


1775]  LORD  NORTH'S  RESOLUTION  367 

deprive  the  American  subject  of  trial  by  jury,  authorise  the  judge's 
certificate  to  indemnify  the  prosecutor  from  damages,  that  he 
might  otherwise  be  liable  to,  from  a  trial  by  his  peers,  require 
oppressive  security  from  a  claimant  of  ships  or  goods  seized, 
before  he  shall  be  allowed  to  defend  his  property,  are  repealed. 
—  And  until  that  part  of  the  act  of  the  12.  G.  3.  ch.  24.  entitled, 
"An  act  for  the  better  securing  his  majesty's  dock-yards,  maga 
zines,  ships,  ammunition,  and  stores,"  by  which  any  persons 
charged  with  committing  any  of  the  offences  therein  described, 
in  America,  may  be  tried  in  any  shire  or  county  within  the 
realm,  is  repealed  —  and  until  the  four  acts,  passed  the  last  ses 
sion  of  parliament,  viz.  that  for  stopping  the  port  and  blocking 
up  the  harbour  of  Boston  —  that  for  altering  the  charter  and 
government  of  the  Massachusetts-Bay  —  and  that  which  is  en 
titled,  "An  act  for  the  better  administration  of  justice,  &c."  — 
and  that  "For  extending  the  limits  of  Quebec,  &c."  are  repealed. 
And  we  recommend  it  to  the  provincial  conventions,  and  to  the 
committees  in  the  respective  colonies,  to  establish  such  farther 
regulations  as  they  may  think  proper,  for  carrying  into  execution 
this  association. 


No.  74.    Lord   North's  Conciliatory  Resolu 
tion 

February  27,  1775 

LORD  NORTH'S  unexpected  offer  of  conciliation,  in  the  form  of  the  resolu 
tion  following,  was  presented  to  the  House  of  Commons,  in  Committee  of  the 
Whole,  February  20,  1775.  Although  the  proposal  was  generally  unsatisfac 
tory  to  the  friends  of  the  ministry,  it  was  adopted  by  a  vote  of  274  to  88.  On 
the  27th  the  resolution  was  reported  to  the  House,  and  agreed  to. 

REFERENCES. —  Text  in  Force's  American  Archives,  Fourth  Series,  I.,  1598. 
The  debates  on  the  resolution  are  also  in  ib.,  1597-1622.  Public  opinion 
in  England  is  best  exhibited  in  the  Annual  Register  (1775).  Dartmouth's 
letter  to  the  governors,  March  3,  urging  acceptance  of  the  proposition,  is  in 
Force,  op.  cit..  Fourth  Series,  II.,  27,  28. 

That  it  is  the  opinion  of  this  Committee,  that  when  the  Gov- 
ernour,  Council,  and  Assembly,  or  General  Court,  of  any  of  his 
Majesty's  Provinces  or  Colonies  in  America,  shall  propose  to 
make  provision,  according  to  the  condition,  circumstances,  and 


368  NEW  ENGLAND   RESTRAINING  ACT  [March  30 

situation  of  such  Province  or  Colony,  for  contributing  their  pro 
portion  to  the  common  defence,  (such  proportion  to  be  raised 
under  the  authority  of  the  General  Court,  or  General  Assembly, 
of  such  Province  or  Colony,  and  disposable  by  Parliament,)  and 
shall  engage  to  make  provision  also  for  the  support  of  the  Civil 
Government,  and  the  Administration  of  Justice,  in  such  Province 
or  Colony,  it  will  be  proper,  if  such  proposal  shall  be  approved 
by  his  Majesty  and  the  two  Houses  of  Parliament,  and  for  so 
long  as  such  provision  shall  be  made  accordingly,  to  forbear,  in 
respect  of  such  Province  or  Colony,  to  levy  any  Duty,  Tax,  or 
Assessment,  or  to  impose  any  farther  Duty,  Tax,  or  Assessment, 
except  only  such  Duties  as  it  may  be  expedient  to  continue  to 
levy  or  to  impose  for  the  regulation  of  commerce;  the  nett  produce 
of  the  Duties  last  mentioned  to  be  carried  to  the  account  of  such 
Province  or  Colony  respectively. 


No.  75.    New  England  Restraining  Act 

March  30,  1775 

THE  petition  to  the  King,  adopted  by  the  first  Continental  Congress  Oct. 
26,  1774,  was  laid  before  Parliament  Jan.  19,  1775,  accompanied  by  volumi 
nous  papers  relating  to  affairs  in  America.  February  I  a  provisional  bill, 
presented  to  the  House  of  Lords  by  the  Earl  of  Chatham,  and  designed  to 
settle  the  difficulties  in  the  colonies  while  "  asserting  the  supreme  legislative 
authority  and  superintending  power  of  Great  Britain,"  was  rejected.  An  address 
to  the  King,  assuring  him  of  support  at  all  hazards  in  measures  to  put  down 
rebellion,  was  agreed  to,  notwithstanding  the  protest  of  eighteen  members  of 
the  Lords,  who  pronounced  the  address  a  virtual  declaration  of  war.  Febru 
ary  10,  in  the  Commons,  Lord  North,  asserting  that  "  as  the  Americans  had 
refused  to  trade  with  Great  Britain,  it  was  but  just  that  they  be  not  suffered 
to  trade  with  any  other  nation,"  moved  for  leave  to  bring  in  a  bill  to  restrain 
the  trade  and  commerce  of  the  New  England  colonies  to  Great  Britain,  Ireland, 
and  the  West  Indies.  By  a  vote  of  261  to  85,  the  motion  was  carried.  The 
bill  was  presented  on  the  I7th,  had  its  second  reading  on  the  24th,  and  March 
8  passed  without  a  division.  The  bill  had  its  second  reading  in  the  Lords 
March  16,  and  passed  that  house  on  the  2ist,  by  a  vote  of  73  to  21,  with  an 
amendment,  agreed  to  by  a  vote  of  52  to  21,  including  New  Jersey,  Pennsyl 
vania,  Maryland,  Virginia,  and  South  Carolina  within  the  scope  of  the  act. 
Sixteen  Lords  entered  a  protest  against  the  bill.  The  Commons,  who  already 
had  before  them  a  bill  restraining  the  trade  of  the  southern  colonies,  rejected 
the  amendment,  and  the  bill  passed  without  it.  March  30  the  act  received 


1775]  NEW  ENGLAND  RESTRAINING  ACT  369 

the  royal  assent.  The  bill  to  restrain  the  trade  of  the  other  colonies  became 
kw  in  April.  Both  acts  were  repealed  by  the  act  of  December  22,  1775  [No. 
80],  prohibiting  all  trade  and  intercourse  with  America. 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXXL,  4-11.  The 
act  is  cited  as  15  Geo.  III.,  c.  10.  For  the  proceedings  in  Parliament,  see 
the  Parliamentary  History,  XVIIL,  or  Force's  American  Archives,  Fourth 
Series,  I.,  1621-1716;  cf.  also  the  Annual  Register  (1775). 

An  act  to  restrain  the  trade  and  commerce  of  the  provinces  of 
Massachuset's  Bay  and  New  Hampshire,  and  colonies  of  Con 
necticut  and  Rhode  Island,  and  Providence  Plantation,  in 
North  America,  to  Great  Britain,  Ireland,  and  the  British 
islands  in  the  West  Indies ;  and  to  prohibit  such  provinces  and 
colonies  from  carrying  on  any  fishery  on  the  banks  of  New 
foundland,  or  other  places  therein  mentioned,  under  certain  con 
ditions  and  limitations. 

[The  section  begins  with  a  statement  of  the  purport  of  certain 
of  the  acts  of  trade,  and  continues  :]  and  whereas,  during  the 
continuance  of  the  combinations  and  disorders,  which  at  this  time 
prevail  within  the  provinces  of  Massachuset's  Bay  and  New  Hamp 
shire,  and  the  colonies  of  Connecticut  and  Rhode  Island,  to  the 
obstruction  of  the  commerce  of  these  kingdoms,  and  other  his 
Majesty's  dominions,  and  in  breach  and  violation  of  the  laws  of 
this  realm,  it  is  highly  unfit  that  the  inhabitants  of  the  said  prov 
inces  and  colonies  should  enjoy  the  same  privileges  of  trade,  and 
the  same  benefits  and  advantages  to  which  his  Majesty's  faithful 
and  obedient  subjects  are  intitled ;  be  it  therefore  enacted  .  .  .  , 
That  from  and  after  the  first  day  of  July,  one  thousand  seven 
hundred  and  seventy-five,  and  during  the  continuance  of  this  act, 
no  goods,  wares,  or  merchandises,  which  are  particularly  enumer 
ated  in,  and  by  the  said  act  made  in  the  twelfth  year  of  king 
Charles  the  Second,  or  any  other  act,  being  the  growth,' product, 
or  manufacture  of  the  provinces  of  Massachuset's  Bay,  or  New 
Hampshire,  or  colonies  of  Connecticut,  Rhode  Island,  or  Provi 
dence  Plantation,  in  North  America,  or  any  or  either  of  them,  are 
to  be  brought  to  some  other  British  colony,  or.  to  Great  Britain  ; 
or  any  such  enumerated  goods,  wares,  or  merchandise,  which  shall 
at  any  time  or  times  have  been  imported  or  brought  into  the  said 
provinces  or  colonies,  or  any  or  either  of  them,  shall  be  shipped, 
carried,  conveyed,  or  transported,  from  any  of  the  said  provinces 

2  B 


3/0  NEW  ENGLAND   RESTRAINING  ACT  [March  30 

or  colonies  respectively,  to  any  land,  island,  territory,  dominion, 
port,  or  place  whatsoever,  other  than  to  Great  Britain,  or  some 
of  the  British  islands  in  the  West  Indies,  to  be  laid  on  shore 
there ;  and  that  no  other  goods,  wares,  or  merchandises  whatso 
ever,  of  the  growth,  product,  or  manufacture  of  the  provinces  or 
colonies  herein-before  mentioned,  or  which  shall  at  any  time  or 
times  have  been  imported  or  brought  into  the  same,  shall,  from 
and  after  the  said  first  day  oijuly,  and  during  the  continuance  of 
this  act,  be  shipped,  carried,  conveyed,  or  transported,  from  any 
of  the  said  provinces  or  colonies  respectively,  to  any  other  land, 
island,  territory,  dominion,  port,  or  place  whatsoever,  except  to 
the  kingdoms  of  Great  Britain  or  Ireland,  or  to  some  of  the 
British  islands  in  the  West  Indies,  to  be  laid  on  shore  there  ;  any 
law,  custom,  or  usage,  to  the  contrary  notwithstanding. 

[Sections  II.  and  III.  relate  to  the  giving  of  bonds  and  cer 
tificates.] 

IV.  And  it  is  hereby  further  enacted  .  .  .  ,  That  from  and 
after  the  first  day  of  September,  one  thousand  seven  hundred  and 
seventy-five,  and  during  the  continuance  of  this  act,  no  sort  of 
wines,  salt,  or  any  goods  or  commodities  whatsoever,   (except 
horses,  victual,  and  linen  cloth,  the  produce  and  manufacture  of 
Ireland,  imported  directly  from  thence),  shall  be  imported  into 
any  of  the  said  colonies  or  provinces  herein-before  respectively 
mentioned,  upon  any  pretence  whatsoever,  unless   such   goods 
shall  be  bonafide  and  without  fraud  laden  and  shipped  in  Great 
Britain,  and  carried  directly  from  thence,  upon  forfeiture  thereof, 
and  of  the  ship  or  vessel  on  board  which  such  goods  shall  be 
laden;  and  it  shall  be  lawful  for  any  admiral,  chief  commander, 
or  commissioned  officer,  of  his  Majesty's  fleet,  or  ships  of  war, 
or  any  officer  of  his  Majesty's  customs,  to  seize  any  ship  or  vessel 
arriving  at  any  of  the  said  provinces  or  colonies  before-mentioned, 
or  which  shall  be  discovered  within  two  leagues  of  any  shore 
thereof,  having  such  goods  on  board,  and  the  goods  laden  thereon, 
(except  as  before  excepted),  for  which  the  master,  or  other  person 
taking  charge  of  such  ship  or  vessel,  shall  not  produce  a  cocket 
or  clearance  from  the  collector,  or  proper  officer  of  his  Majesty's 
customs,  certifying  that  the  said  goods  were  laden  on  board  the 
said  ship  or  vessel,  in  some  port  of  Great  Britain.  .  .  . 

V.  Provided  always,  and  it  is  hereby  further  enacted  .  .  .  , 
That  this  act,  or  any  thing  herein  contained,  shall  not  extend,  or 


1775]  NEW  ENGLAND  RESTRAINING  ACT  371 

be  construed  to  extend,  to  prohibit  the  exportation  or  carrying 
out  from  any  of  the  provinces  or  colonies  before  mentioned,  or 
the  importation  into  the  same,  of  any  goods  or  commodities 
whatsoever  for  the  victualling  or  providing  any  of  his  Majesty's 
ships  of  war,  or  other  ships  or  vessels  in  his  Majesty's  service, 
or  for  his  Majesty's  forces,  forts,  or  garrisons,  any  thing  herein 
contained  to  the  contrary  notwithstanding. 

VI.  And  provided  also,  That  nothing  herein  contained  shall 
extend,  or  be  construed  to  extend,  to  hinder  or  restrain  the  law 
ful  importation  into  any  or  either  of  the  said  provinces  or  colo 
nies  herein-before  mentioned,  from  any  of  the  British  islands  in 
the  West  Indies,  of  any  such  goods  or  commodities,  being  the 
growth  or  produce  thereof,  as  may  now  by  law  be  imported  from 
thence  into  the  said  provinces  or  colonies,  or  any  or  either  of 
them. 

VII.  And  it  is  hereby  further  enacted  .  .  .  ,  That  if  any  ship 
or  vessel,  being  the  property  of  the  subjects  of  Great  Britain,  not 
belonging  to  and  fitted  out  from  Great  Britain  or  Ireland,  or 
the  islands  of   Guernsey,  Jersey,  Sark,  Alderney,  or  Man,   shall 
be  found,  after  the  twentieth  day  of  July,  one  thousand  seven 
hundred  and  seventy-five,  carrying  on  any  fishery,  of  what  nature 
or  kind  soever,  upon  the  banks  of  Newfoundland,  the  coast  of 
Labrador,  or  within  the  river  or  gulf  of  Saint  Lawrence,  or  upon 
the  coast  of  Cape  Breton,  or  Nova  Scotia,  or  any  other  part  of 
the  coast  of  North  America,  or  having  on  board  materials  for 
carrying  on  any  such  fishery,  every  such  ship  or  vessel,  with  her 
guns,  ammunition,  tackle,  apparel,  and  furniture,  together  with 
the  fish,  if  any  shall  be  found  on  board,  shall  be  forfeited,  unless 
the  master,  or  other  person,  having  the  charge  of  such  ship  or 
vessel,  do  produce  to  the  commander  of  any  of  his  Majesty's 
ships  of  war,  stationed  for  the  protection  and  superintendence  of 
the  British  fisheries  in  America,  a  certificate,  under  the  hand 
and  seal  of  the  governor  or  commander  in  chief,  of  any  of  the 
colonies  or  plantations  of   Quebec,  Newfoundland,  Saint  John, 
Nova  Scotia,  New   York,  New  Jersey,  Pensylvania,   Maryland, 
Virginia,  North  Carolina,  South  Carolina,  Georgia,  East  Florida, 
West  Florida,  Bahamas,  and  Bermudas,  setting  forth,  that  such 
ship  or  vessel,  expressing  her  name,  and  the  name  of  her  master, 
and  describing  her  built  and  burthen,  hath  fitted  and  cleared  out, 
from  some  one  of  the  said  colonies  or  plantations,  in  order  to 


3/2  NEW  ENGLAND   RESTRAINING  ACT          [March  30 

proceed  upon  the  said  fishery,  and  that  she  actually  and  bona  fide 
belongs  to  and  is  the  whole  and  entire  property  of  his  Majesty's 
subjects,  inhabitants  of  the  said  colony  or  plantation;  which  cer 
tificates  such  governors,  or  commanders  in  chief  respectively,  are 
hereby  authorised  and  required  to  grant. 

VIII.  And  to  the  end  that  the  foregoing  prohibitions,  restric 
tions,  and  regulations,  may  be  more  effectually  carried  into  execution, 
it  is  hereby  further  enacted  .  .  .  ,  That  it  shall  and  may  be  lawful 
to  and  for  all  or  any  of  the  commanders  of  his  Majesty's  ships 
or  vessels  of  war,  stationed  and  appointed  for  the  regulation  and 
protection  of  the  British  fishery  upon  the  coasts  of  North  America, 
or  to  and  for  the  commanders  of  any  other  of  his  Majesty's  ships 
or  vessels  employed  at  sea,  and  they  and  every  of  them  are  hereby 
required  and  enjoined  to  examine,  search,  and  visit  all  ships  and 
vessels  suspected  to  be  carrying  on  the  said  fisheries;  and  to 
seize,  arrest,  and  prosecute,  in  manner  herein-after  directed,  all 
and  every  such  ships  and  vessels  as  shall  be  found  to  be  carrying 
on  the  said  fisheries,  not  belonging  to  and  fitted  out  from  Great 
Britain  or  Ireland,  or  the  islands  of  Guernsey,  Jersey,  Alderney, 
Sark,  or  Man,  which  shall  not  have  on  board  the  certificate 
herein-before  required. 

[Sections  IX.,  X.,  and  XI.  provide  that  this  act  shall  not 
extend  to  ships  clearing  from  the  colonies  before  June  i,  for  the 
whale  fishery  only;  nor  to  ships  belonging  to  the  island  of  Nan- 
tucket,  cleared  for  the  whale  fishery,  and  having  a  proper  cer 
tificate;  nor  to  fishing  vessels  fitted  out  by  the  towns  of  Marshfield 
and  Scituate.  By  Sec.  XII.,  the  St.  Croix  river  is  declared  to 
be,  for  the  purposes  of  this  act,  the  boundary  between  Massa 
chusetts  and  Nova  Scotia.] 

XIII.  And  whereas  it  is  the  intent  and  meaning  of  this  act, 
that  the  several  prohibitions  and  restraints  herein  imposed  upon 
the  trade  and  commerce,  and  fisheries,  of  the  said  provinces  and 
colonies  should  be  discontinued  and  cease,  so  soon  as  the  trade 
and  commerce  of  his  Majesty"1  s  subjects  may  be  carried  on  without 
interruption  ;  be  it  therefore  enacted  .  .  .  ,  That  whenever  it  shall 
be  made  appear  to  the  satisfaction  of  his  Majesty's  governor  or 
commander  in  chief,  and  the  majority  of  the  council,  in  the 
provinces  of  New  Hampshire  and  Massachusetts  Bay  respectively, 
that  peace  and  obedience  to  the  laws  shall  be  so  far  restored 
within  the  said  provinces,  or  either  of  them,  that  the  trade  and 


1775]  NEW  ENGLAND    RESTRAINING  ACT  373 

commerce  of  his  Majesty's  subjects  may  be  carried  on  without 
interruption  within  the  same;  and  that  goods,  wares,  and  mer 
chandise,  have  been  freely  imported  into  the  said  provinces,  or 
either  of  them,  from  Great  Britain,  and  exposed  to  sale,  without 
any  let,  hindrance,  or  molestation,  from  or  by  reason  of  any  un 
lawful  combinations  to  prevent  or  obstruct  the  same;  and  that 
goods,  wares,  and  merchandise,  have  in  like  manner  been  exported 
from  the  said  provinces,  or  either  of  them  respectively,  to  Great 
Britain,  for  and  during  the  term  of  one  calendar  month  preceed- 
ing;  that  then,  and  in  such  case,  it  shall  and  may  be  lawful  for 
the  governor  or  commander  in  chief,  with  the  advice  of  the 
council  of  such  provinces  respectively,  by  proclamation,  under 
the  seal  of  such  respective  province,  to  notify  the  same  to  the 
several  officers  of  the  customs,  and  all  others;  and  after  such 
proclamation,  this  act  with  respect  to  such  province,  within  which 
such  proclamation  or  proclamations  have  been  issued  as  afore 
said,  shall  be  discontinued  and  cease,  (except  as  herein-after 
provided);  and  all  officers  of  his  Majesty's  customs,  and  all 
other  persons  having  charge  of  the  execution  of  this  act,  having 
received  due  notice  of  such  proclamation,  are  hereby  directed 
and  required  to  yield  and  pay  obedience  to  such  proclamation, 
and  to  proceed  in  the  discharge  of  their  respective  duties,  in 
admitting  to  entry,  clearing,  and  discharging,  all  ships  and  ves 
sels,  and  all  goods,  wares,  and  merchandises,  into  and  out  of  such 
respective  province;  and  to  permit  and  suffer  any  ships  or  vessels 
to  carry  on  the  fisheries  within  the  limits  herein-before  men 
tioned,  in  like  manner  as  if  this  act  had  never  been  made;  any 
thing  herein  contained  to  the  contrary  notwithstanding. 

[By  Sections  XIV.  and  XV.,  like  proclamation  may  be  made 
for  Connecticut  and  Rhode  Island,  on  proof  that  lawful  trade  has 
been  resumed;  but  proceedings  upon  previous  seizures  are  not 
to  be  thereby  discharged.] 

XVI.  And  it  is  hereby  further  enacted  .  .  .  ,  That  if  any  per 
son  or  persons  shall  give  or  grant  any  false  certificate,  cocket,  or 
clearance,  for  any  of  the  purposes  required  or  directed  by  this 
act,  such  person  or  persons  shall  forfeit  the  sum  of  five  hundred 
pounds,  and  be  rendered  incapable  of  serving  his  Majesty,  his 
heirs  and  successors,  in  any  office  whatsoever;  and  if  any  person 
or  persons  shall  counterfeit,  erase,  alter,  or  falsify,  any  certificate, 
cocket,  or  clearance,  required  or  directed  by  this  act,  or  shall 


374  DECLARATION  OF  CAUSES  [July  6 

knowingly  or  willingly  make  use  of  any  false  certificate,  cocket, 
or  clearance,  or  of  any  certificate,  cocket,  or  clearance,  so  coun 
terfeited,  erased,  altered,  or  falsified,  such  person  or  persons 
shall,  for  every  such  offence,  forfeit  the  sum  of  five  hundred 
pounds,  and  such  certificate,  cocket,  or  clearance,  shall  be  invalid 
and  of  no  effect. 


No.  76.    Declaration  of  the  Causes  and 
Necessity  of  Taking  up  Arms 

July  6,  1775 

JUNE  23,  1775,  John  Rutledge  of  South  Carolina,  William  Livingston  of  New 
Jersey,  Franklin,  Jay,  and  Thomas  Johnson  of  Maryland,  were  appointed  a 
committee  "  to  draw  up  a  declaration,  to  be  published  by  General  Washington, 
upon  his  arrival  at  the  camp  before  Boston."  The  report  was  brought  in  the 
next  day,  and  on  the  26th,  after  debate,  was  recommitted,  and  Dickinson  and 
Jefferson  added  to  the  committee.  A  draft  prepared  by  Jefferson  being  thought 
by  Dickinson  too  outspoken,  the  latter  prepared  a  new  one,  retaining,  how 
ever,  the  closing  paragraphs  as  drawn  by  Jefferson.  In  this  form  the  declara 
tion  was  reported  June  27,  and  agreed  to  July  6. 

REFERENCES. —  Text  '^Journals  of  Congress  (ed.  1800),  I.,  134-139.  The 
case  for  the  colonies  in  1775  is  best  stated  in  John  Adams's  Novanglus  (Works, 
IV.,  11-177),  m  reply  to  a  series  of  newspaper  articles  by  Daniel  Leonard, 
over  the  signature  of  Alassachusettensis.  The  two  series  were  printed  together 
at  Boston  in  1819.  See  also  Chamberlain's  John  Adams,  the  Statesman  of  the 
Revolution. 

A  declaration  by  the  Representatives  of  the  United  Colonies  of 
North-America,  now  met  in  Congress  at  Philadelphia,  setting 
forth  the  causes  and  necessity  of  their  taking  up  arms. 

IF  it  was  possible  for  men,  who  exercise  their  reason  to  believe, 
that  the  divine  Author  of  our  existence  intended  a  part  of  the 
human  race  to  hold  an  absolute  property  in,  and  an  unbounded 
power  over  others,  marked  out  by  his  infinite  goodness  and  wis 
dom,  as  the  objects  'of  a  legal  domination  never  rightfully  re 
sistible,  however  severe  and  oppressive,  the  inhabitants  of  these 
colonies  might  at  least  require  from  the  parliament  of  Great- 
Britain  some  evidence,  that  this  dreadful  authority  over  them, 
has  been  granted  to  that  body.  But  a  reverence  for  our  great 
Creator,  principles  of  humanity,  and  the  dictates  of  common 


1775]  DECLARATION  OF  CAUSES  37 $ 

sense,  must  convince  all  those  who  reflect  upon  the  subject,  that 
government  was  instituted  to  promote  the  welfare  of  mankind, 
and  ought  to  be  administered  for  the  attainment  of  that  end. 
The  legislature  of  Great-Britain,  however,  stimulated  by  an  inor 
dinate  passion  for  a  power  not  only  unjustifiable,  but  which  they 
know  to  be  peculiarly  reprobated  by  the  very  constitution  of  that 
kingdom,  and  desperate  of  success  in  any  mode  of  contest,  where 
regard  should  be  had  to  truth,  law,  or  right,  have  at  length,  desert 
ing  those,  attempted  to  effect  their  cruel  and  impolitic  purpose 
of  enslaving  these  colonies  by  violence,  and  have  thereby  rendered 
it  necessary  for  us  to  close  with  their  last  appeal  from  reason  to 
arms. — Yet,  however  blinded  that  assembly  may  be,  by  their 
intemperate  rage  for  unlimited  domination,  so  to  slight  justice 
and  the  opinion  of  mankind,  we  esteem  ourselves  bound  by  obli 
gations  of  respect  to  the  rest  of  the  world,  to  make  known  the 
justice  of  our  cause. 

Our  forefathers,  inhabitants  of  the  island  of  Great-Britain,  left 
their  native  land,  to  seek  on  these  shores  a  residence  for  civil  and 
religious  freedom.  At  the  expense  of  their  blood,  at  the  hazard 
of  their  fortunes,  without  the  least  charge  to  the  country  from 
which  they  removed,  by  unceasing  labour,  and  an  unconquerable 
spirit,  they  effected  settlements  in  the  distant  and  inhospitable 
wilds  of  America,  then  filled  with  numerous  and  warlike  nations 
of  barbarians.  —  Societies  or  governments,  vested  with  perfect 
legislatures,  were  formed  under  charters  from  the  crown,  and  an 
harmonious  intercourse  was  established  between  the  colonies  and 
the  kingdom  from  which  they  derived  their  origin.  The  mutual 
benefits  of  this  union  became  in  a  short  time  so  extraordinary,  as 
to  excite  astonishment.  It  is  universally  confessed,  that  the 
amazing  increase  of  the  wealth,  strength,  and  navigation  of  the 
realm,  arose  from  this  source;  and  the  minister,  who  so  wisely 
and  successfully  directed  the  measures  of  Great-Britain  in  the 
late  war,  publicly  declared,  that  these  colonies  enabled  her  to 
triumph  over  her  enemies.  — Towards  the  conclusion  of  that  war, 
it  pleased  our  sovereign  to  make  a  change  in  his  counsels.  — 
From  that  fatal  moment,  the  affairs  of  the  British  empire  began 
to  fall  into  confusion,  and  gradually  sliding  from  the  summit  of 
glorious  prosperity,  to  which  they  had  been  advanced  by  the  vir 
tues  and  abilities  of  one  man,  are  at  length  distracted  by  the 
convulsions,  that  now  shake  it  to  its  deepest  foundations.  —  The 


376  DECLARATION  OF  CAUSES  [July  6 

new  ministry  finding  the  brave  foes  of  Britain,  though  frequently 
defeated,  yet  still  contending,  took  up  the  unfortunate  idea  of 
granting  them  a  hasty  peace,  and  of  then  subduing  her  faithful 
friends. 

These  devoted  colonies  were  judged  to  be  in  such  a  state,  as 
to  present  victories  without  bloodshed,  and  all  the  easy  emolu 
ments  of  statuteable  plunder.  —  The  uninterrupted  tenor  of  their 
peaceable  and  respectful  behaviour  from  the  beginning  of  colo 
nization,  their  dutiful,  zealous,  and  useful  services  during  the 
war,  though  so  recently  and  amply  acknowledged  in  the  most 
honourable  manner  by  his  majesty,  by  the  late  king,  and  by  par 
liament,  could  not  save  them  from  the  meditated  innovations.  — 
Parliament  was  influenced  to  adopt  the  pernicious  project,  and 
assuming  a  new  power  over  them,  have  in  the  course  of  eleven 
years,  given  such  decisive  specimens  of  the  spirit  and  conse 
quences  attending  this  power,  as  to  leave  no  doubt  concerning 
the  effects  of  acquiescence  under  it.  They  have  undertaken  to 
give  and  grant  our  money  without  our  consent,  though  we  have 
ever  exercised  an  exclusive  right  to  dispose  of  our  own  property; 
statutes  have  been  passed  for  extending  the  jurisdiction  of  courts 
of  admiralty  and  vice-admiralty  beyond  their  ancient  limits;  for 
depriving  us  of  the  accustomed  and  inestimable  privilege  of  trial 
by  jury,  in  cases  affecting  both  life  and  property;  for  suspending 
the  legislature  of  one  of  the  colonies;  for  interdicting  all  com 
merce  to  the  capital  of  another;  and  for  altering  fundamentally 
the  form  of  government  established  by  charter,  and  secured  by 
acts  of  its  own  legislature  solemnly  confirmed  by  the  crown;  for 
exempting  the  "murderers"  of  colonists  from  legal  trial,  and  in 
effect,  from  punishment;  for  erecting  in  a  neighbouring  province, 
acquired  by  the  joint  arms  of  Great-Britain  and  America,  a  des 
potism  dangerous  to  our  very  existence;  and  for  quartering  sol 
diers  upon  the  colonists  in  time  of  profound  peace.  It  has  also 
been  resolved  in  parliament,  that  colonists  charged  with  com 
mitting  certain  offences,  shall  be  transported  to  England  to  be 
tried. 

But  why  should  we  enumerate  our  injuries  in  detail?  By  one 
statute  it  is  declared,  that  parliament  can  "of  right  make  laws  to 
bind  us  in  all  cases  whatsoever."  What  is  to  defend  us  against 
so  enormous,  so  unlimited  a  power?  Not  a  single  man  of  those 
who  assume  it,  is  chosen  by  us;  or  is  subject  to  our  controul  or 


1775]  DECLARATION  OF  CAUSES  377 

influence;  but,  on  the  contrary,  they  are  all  of  them  exempt  from 
the  operation  of  such  laws,  and  an  American  revenue,  if  not  di 
verted  from  the  ostensible  purposes  for  which  it  is  raised,  would 
actually  lighten  their  own  burdens  in  proportion,  as  they  increase 
ours.  We  saw  the  misery  to  which  such  despotism  would  reduce 
us.  We  for  ten  years  incessantly  and  ineffectually  besieged  the 
throne  as  supplicants;  we  reasoned,  we  remonstrated  with  parlia 
ment,  in  the  most  mild  and  decent  language. 

Administration  sensible  that  we  should  regard  these  oppressive 
measures  as  freemen  ought  to  do,  sent  over  fleets  and  armies  to 
enforce  them.  The  indignation  of  the  Americans  was  roused,  it 
is  true;  but  it  was  the  indignation  of  a  virtuous,  loyal,  and  affec 
tionate  people.  A  Congress  of  delegates  from  the  United 
Colonies  was  assembled  at  Philadelphia,  on  the  fifth  day  of  last 
September.  We  resolved  again  to  offer  an  humble  and  dutiful 
petition  to  the  king,  and  also  addressed  our  fellow-subjects  of 
Great-Britain.  We  have  pursued  every  temperate,  every  respect 
ful  measure :  we  have  even  proceeded  to  break  off  our  commer 
cial  intercourse  with  our  fellow-subjects,  as  the  last  peaceable 
admonition,  that  our  attachment  to  no  nation  upon  earth  should 
supplant  our  attachment  to  liberty.  — This,  we  flattered  ourselves, 
was  the  ultimate  step  of  the  controversy :  but  subsequent  events 
have  shewn,  how  vain  was  this  hope  of  finding  moderation  in  our 
enemies. 

Several  threatening  expressions  against  the  colonies  were  in 
serted  in  his  majesty's  speech;  our  petition,  tho'  we  were  told  it 
was  a  decent  one,  and  that  his  majesty  had  been  pleased  to 
receive  it  graciously,  and  to  promise  laying  it  before  his  parlia 
ment,  was  huddled  into  both  houses  among  a  bundle  of  American 
papers,  and  there  neglected.  The  lords  and  commons  in  their 
address,  in  the  month  of  February,  said,  that  "a  rebellion  at 
that  time  actually  existed  within  the  province  of  Massachusetts- 
Bay;  and  that  those  concerned  in  it,  had  been  countenanced  and 
encouraged  by  unlawful  combinations  and  engagements,  entered 
into  by  his  majesty's  subjects  in  several  of  the  other  colonies; 
and  therefore  they  besought  his  majesty,  that  he  would  take  the 
most  effectual  measures  to  inforce  due  obedience  to  the  laws  and 
authority  of  the  supreme  legislature."-— Soon  after,  the  commer 
cial  intercourse  of  whole  colonies,  with  foreign  countries,  and 
with  each  other,  was  cut  off  by  an  act  of  parliament;  by  another 


378  DECLARATION   OF  CAUSES  [July  6 

several  of  them  were  intirely  prohibited  from  the  fisheries  in  the 
seas  near  their  co[#]sts,  on  which  they  always  depended  for  their 
sustenance;  and  large  reinforcements  of  ships  and  troops  were 
immediately  sent  over  to  general  Gage. 

Fruitless  were  all  the  entreaties,  arguments,  and  eloquence  of 
an  illustrious  band  of  the  most  distinguished  peers,  and  com 
moners,  who  nobly  and  stren[z/]ously  asserted  the  justice  of  our 
cause,  to  stay,  or  even  to  mitigate  the  heedless  fury  with  which 
these  accumulated  and  unexampled  outrages  were  hurried  on.  — • 
Equally  fruitless  was  the  interference  of  the  city  of  London,  of 
Bristol,  and  many  other  respectable  towns  in  our  favour.  Parlia 
ment  adopted  an  insidious  manoeuvre  calculated  to  divide  us,  to 
establish  a  perpetual  auction  of  taxations  where  colony  should 
bid  against  colony,  all  of  them  uninformed  what  ransom  would 
redeem  their  lives;  and  thus  to  extort  from  us,  at  the  point  of 
the  bayonet,  the  unknown  sums  that  should  be  sufficient  to  gratify, 
if  possible  to  gratify,  ministerial  rapacity,  with  the  miserable 
indulgence  left  to  us  of  raising,  in  our  own  mode,  the  prescribed 
tribute.  What  terms  more  rigid  and  humiliating  could  have  been 
dictated  by  remorseless  victors  to  conquered  enemies?  in  our 
circumstances  to  accept  them,  would  be  to  deserve  them. 

Soon  after  the  intelligence  of  these  proceedings  arrived  on  this 
continent,  general  Gage,  who  in  the  course  of  the  last  year  had 
taken  possession  of  the  town  of  Boston,  in  the  province  of  Mas 
sachusetts-Bay,  and  still  occupied  it  is  [#.$•]  a  garrison,  on  the 
1 9th  day  of  April,  sent  out  from  that  place  a  large  detachment  of 
his  army,  who  made  an  unprovoked  assault  on  the  inhabitants  of 
the  said  province,  at  the  town  of  Lexington,  as  appears  by  the 
affidavits  of  a  great  number  of  persons,  some  of  whom  were 
officers  and  soldiers  of  that  detachment,  murdered  eight  of  the 
inhabitants,  and  wounded  many  others.  From  thence  the  troops 
proceeded  in  warlike  array  to  the  town  of  Concord,  where  they 
set  upon  another  party  of  the  inhabitants  of  the  same  province, 
killing  several  and  wounding  more,  until  compelled  to  retreat  by 
the  country  people  suddenly  assembled  to  repel  this  cruel  aggres 
sion.  Hostilities,  thus  commenced  by  the  British  troops,  have 
been  since  prosecuted  by  them  without  regard  to  faith  or  reputa 
tion. —  The  inhabitants  of  Boston  being  confined  within  that 
town  by  the  general  their  governor,  and  having,  in  order  to  pro 
cure  their  dismission,  entered  into  a  treaty  with  him,  it  was 


1775]  DECLARATION  OF  CAUSES  379 

stipulated  that  the  said  inhabitants  having  deposited  their  arms 
with  their  own  magistrates,  should  have  liberty  to  depart,  taking 
with  them  their  other  effects.  They  accordingly  delivered  up  their 
arms,  but  in  open  violation  of  honour,  in  defiance  of  the  obliga 
tion  of  treaties,  which  even  savage  nations  esteemed  sacred,  the 
governor  ordered  the  arms  deposited  as  aforesaid,  that  they  might 
be  preserved  for  their  owners,  to  be  seized  by  a  body  of  soldiers; 
detained  the  greatest  part  of  the  inhabitants  in  the  town,  and 
compelled  the  few  who  were  permitted  to  retire,  to  leave  their 
most  valuable  effects  behind. 

By  this  perfidy  wives  are  separated  from  their  husbands,  chil 
dren  from  their  parents,  the  aged  and  the  sick  from  their  rela 
tions  and  friends,  who  wish  to  attend  and  comfort  them;  and 
those  who  have  been  used  to  live  in  plenty  and  even  elegance, 
are  reduced  to  deplorable  distress. 

The  general,  further  emulating  his  ministerial  masters,  by  a 
proclamation  bearing  date  on  the  i2th  day  of  June,  after  venting 
the  grossest  falsehoods  and  calumnies  against  the  good  people  of 
these  colonies,  proceeds  to  "declare  them  all,  either  by  name  or 
description,  to  be  rebels  and  traitors,  to  supersede  the  course  of 
the  common  law,  and  instead  thereof  to  publish  and  order  the 
use  and  exercise  of  the  law  martial."  —  His  troops  have  butch 
ered  our  countrymen,  have  wantonly  burnt  Charlestown,  besides 
a  considerable  number  of  houses  in  other  places;  our  ships  and 
vessels  are  seized;  the  necessary  supplies  of  provisions  are  inter 
cepted,  and  he  is  exerting  his  utmost  power  to  spread  destruction 
and  devastation  around  him. 

We  have  received  certain  intelligence,  that  general  Carelton 
\_Carleton],  the  governor  of  Canada,  is  instigating  the  people  of 
that  province  and  the  Indians  to  fall  upon  us;  and  we  have  but 
too  much  reason  to  apprehend,  that  schemes  have  been  formed 
to  excite  domestic  enemies  against  us.  In  brief,  a  part  of  these 
colonies  now  feel,  and  all  of  them  are  sure  of  feeling,  as  far  as 
the  vengeance  of  administration  can  inflict  them,  the  compli 
cated  calamities  of  fire,  sword,  and  famine.  We  *  are  reduced 
to  the  alternative  of  chusing  an  unconditional  submission  to  the 
tyranny  of  irritated  ministers,  or  resistance  by  force.  — The  latter 
is  our  choice.  — We  have  counted  the  cost  of  this  contest,  and 
find  nothing  so  dreadful  as  voluntary  slavery.  —  Honour,  justice, 
*  From  this  point  the  declaration  follows  Jefferson's  draft. 


380  DECLARATION  OF  CAUSES  [July  6 

and  humanity,  forbid  us  tamely  to  surrender  that  freedom  which 
we  received  from  our  gallant  ancestors,  and  which  our  innocent 
posterity  have  a  right  to  receive  from  us.  We  cannot  endure  the 
infamy  and  guilt  of  resigning  succeeding  generations  to  that 
wretchedness  which  inevitably  awaits  them,  if  we  basely  entail 
hereditary  bondage  upon  them. 

Our  cause  is  just.  Our  union  is  perfect.  Our  internal  re 
sources  are  great,  and,  if  necessary,  foreign  assistance  is  undoubt 
edly  attainable.  — We  gratefully  acknowledge,  as  signal  instances 
of  the  Divine  favour  towards  us,  that  his  Providence  would  not 
permit  us  to  be  called  into  this  severe  controversy,  until  we  were 
grown  up  to  our  present  strength,  had  been  previously  exercised 
in  warlike  operation,  and  possessed  of  the  means  of  defending 
ourselves.  With  hearts  fortified  with  these  animating  reflections, 
we  most  solemnly,  before  God  and  the  world,  declare,  that,  exert 
ing  the  utmost  energy  of  those  powers,  which  our  beneficent 
Creator  hath  graciously  bestowed  upon  us,  the  arms  we  have  been 
compelled  by  our  enemies  to  assume,  we  will,  in  defiance  of 
every  hazard,  with  unabating  firmness  and  perseverence,  employ 
for  the  preservation  of  our  liberties;  being  with  one  mind  re 
solved  to  die  freemen  rather  then  to  live  slaves. 

Lest  this  declaration  should  disquiet  the  minds  of  our  friends 
and  fellow-subjects  in  any  part  of  the  empire,  we  assure  them 
that  we  mean  not  to  dissolve  that  union  which  has  so  long  and  so 
happily  subsisted  between  us,  and  which  we  sincerely  wish  to  see 
restored.  —  Necessity  has  not  yet  driven  us  into  that  desperate 
measure,  or  induced  us  to  excite  any  other  nation  to  war  against 
them. — We  have  not  raised  armies  with  ambitious  designs  of 
separating  from  Great-Britain,  and  establishing  independent 
states.  We  fight  not  for  glory  or  for  conquest.  We  exhibit  to 
mankind  the  remarkable  spectacle  of  a  people  attacked  by  unpro 
voked  enemies,  without  any  imputation  or  even  suspicion  of 
offence.  They  boast  of  their  privileges  and  civilization,  and  yet 
proffer  no  milder  conditions  than  servitude  or  death. 

In  our  own  native  land,  in  defence  of  the  freedom  that  is  our 
birth-right,  and  which  we  ever  enjoyed  till  the  late  violation  of 
it  —  for  the  protection  of  our  property,  acquired  solely  by  the 
honest  industry  of  our  fore-fathers  and  ourselves,  against  violence 
actually  offered,  we  have  taken  up  arms.  We  shall  lay  them 
down  when  hostilities  shall  cease  on  the  part  of  the  aggressors, 


1775]  PETITION  TO  THE  KING  381 

and  all  danger  of  their  being  renewed  shall  be  removed,  and  not 
before. 

With  an  humble  confidence  in  the  mercies  of  the  supreme  and 
impartial  Judge  and  Ruler  of  the  Universe,  we  most  devoutly 
implore  his  divine  goodness  to  protect  us  happily  through  this 
great  conflict,  to  dispose  our  adversaries  to  reconciliation  on 
reasonable  terms,  and  thereby  to  relieve  the  empire  from  the 
calamities  of  civil  war. 


No.  77.    Petition  to  the  King 

July  8,  1775 

THE  party  in  Congress  which  still  hoped  for  reconciliation  succeeded,  June 
3,  1775,  in  passing  a  resolution  for  the  appointment  of  a  committee  to  prepare 
a  petition  to  the  King;  and  Dickinson,  Johnson,  John  Rutledge,  Jay,  and 
Franklin  were  chosen  by  ballot  as  the  members  of  the  committee.  The 
petition,  drafted  by  Dickinson,  was  reported  June  19,  taken  up  for  considera 
tion  July  4,  and  the  following  day  agreed  to.  On  the  8th  the  engrossed  copy 
was  signed  by  the  members  present.  The  petition,  together  with  other  ad 
dresses  adopted  by  the  Congress,  was  entrusted  to  Richard  Penn,  to  be  carried 
to  England  and  laid  before  the  King. 

REFERENCES. — Text  \v.  Journals  of  Congress  (ed.  1800),  I.,  139-142. 

To  the  king's  most  excellent  majesty  : 
MOST  GRACIOUS  SOVEREIGN, 

We,  your  majesty's  faithful  subjects  of  the  colonies  of  New- 
Hampshire,  Massachusetts-Bay,  Rhode-Island  and  Providence 
Plantations,  Connecticut,  New- York,  New-Jersey,  Pennsylvania, 
the  counties  of  Newcastle,  Kent,  and  Sussex  on  Delaware,  Mary 
land,  Virginia,  North-Carolina,  and  South-Carolina,  in  behalf  of 
ourselves,  and  the  inhabitants  of  these  colonies,  who  have  deputed 
us  to  represent  them  in  general  Congress,  entreat  your  majesty's 
gracious  attention  to  this  our  humble  petition. 

The  union  between  our  mother  country  and  these  colonies,  and 
the  energy  of  mild  and  just  government,  produced  benefits  so 
remarkably  important,  and  afforded  such  an  assurance  of  their 
permanency  and  encrease,  that  the  wonder  and  envy  of  other 
nations  were  excited,  while  they  beheld  Great- Britain  rising  to  a 
power  the  most  extraordinary  the  world  had  ever  known. 


382  PETITION  TO  THE  KING  [July  8 

Her  rivals,  observing  that  there  was  no  probability  of  this 
happy  connexion  being  broken  by  civil  dissensions,  and  appre 
hending  its  future  effects,  if  left  any  longer  undisturbed,  resolved 
to  prevent  her  receiving  such  continual  and  formidable  accessions 
of  wealth  and  strength,  by  checking  the  growth  of  those  settle 
ments  from  which  they  were  to  be  derived. 

In  the  prosecution  of  this  attempt,  events  so  unfavourable  to 
the  design  took  place,  that  every  friend  to  the  interest  of  Great- 
Britain  and  these  colonies,  entertained  pleasing  and  reasonable 
expectations  of  seeing  an  additional  force  and  exertion  immedi 
ately  given  to  the  operations  of  the  union  hitherto  experienced, 
by  an  enlargement  of  the  dominions  of  the  crown,  and  the 
removal  of  ancient  and  warlike  enemies  to  a  greater  distance. 

At  the  conclusion,  therefore,  of  the  late  war,  the  most  glorious 
and  advantageous  that  ever  had  been  carried  on  by  British  arms, 
your  loyal  colonists  having  contributed  to  its  success,  by  such 
repeated  and  strenuous  exertions,  as  frequently  procured  them 
the  distinguished  approbation  of  your  majesty,  of  the  late  king, 
and  of  parliament,  doubted  not  but  that  they  should  be  permitted, 
with  the  rest  of  the  empire,  to  share  in  the  blessings  of  peace, 
and  the  emoluments  of  victory  and  conquest. 

While  these  recent  and  honorable  acknowledgments  of  their 
merits  remained  on  record  in  the  journals  and  acts  of  that  august 
legislature,  the  parliament,  undefaced  by  the  imputation  or  even 
the  suspicion  of  any  offence,  they  were  alarmed  by  a  new  system 
of  statutes  and  regulations  adopted  for  the  administration  of  the 
colonies,  that  filled  their  minds  with  the  most  painful  fears  and 
jealousies;  and,  to  their  inexpressible  astonishment,  perceived 
the  danger  of  a  foreign  quarrel  quickly  succeeded  by  domestic 
danger,  in  their  judgment,  of  a  more  dreadful  kind. 

Nor  were  these  anxieties  alleviated  by  any  tendency  in  this 
system  to  promote  the  welfare  of  their  mother  country.  For 
though  its  effects  were  more  immediately  felt  by  them,  yet  its 
influence  appeared  to  be  injurious  to  the  commerce  and  prosperity 
of  Great-Britain. 

We  shall  decline  the  ungrateful  task  of  describing  the  irksome 
variety  of  artifices,  practised  by  many  of  your  majesty's  ministers, 
the  delusive  pretences,  fruitless  terrors,  and  unavailing  severities, 
that  have,  from  time  to  time,  been  dealt  out  by  them,  in  their 
attempts  to  execute  this  impolitic  plan,  or  of  tracing,  through  a 


1775]  PETITION  TO  THE  KING  383 

series  of  years  past,  the  progress  of  the  unhappy  differences 
between  Great-Britain  and  these  colonies,  that  have  flowed  from 
this  fatal  source. 

Your  majesty's  ministers,  persevering  in  their  measures,  and 
proceeding  to  open  hostilities  for  enforcing  them,  have  compelled 
us  to  arm  in  our  own  defence,  and  have  engaged  us  in  a  contro 
versy  so  peculiarly  abhorrent  to  the  affections  of  your  still  faithful 
colonists,  that  when  we  consider  whom  we  must  oppose  in  this 
contest,  and  if  it  continues,  what  may  be  the  consequences,  our 
own  particular  misfortunes  are  accounted  by  us  only  as  parts  of 
our  distress. 

Knowing  to  what  violent  resentments,  and  incurable  animosi 
ties,  civil  discords  are  apt  to  exasperate  and  inflame  the  con 
tending  parties,  we  think  ourselves  required  by  indispensable 
obligations  to  Almighty  God,  to  your  majesty,  to  our  fellow-sub 
jects,  and  to  ourselves,  immediately  to  use  all  the  means  in  our 
power,  not  incompatible  with  our  safety,  for  stopping  the  further 
effusion  of  blood,  and  for  averting  the  impending  calamities  that 
threaten  the  British  empire. 

Thus  called  upon  to  address  your  majesty  on  affairs  of  such 
moment  to  America,  and  probably  to  all  your  dominions,  we  are 
earnestly  desirous  of  performing  this  office,  with  the  utmost 
deference  for  your  majesty;  and  we  therefore  pray,  that  your 
majesty's  royal  magnanimity  and  benevolence  may  make  the 
most  favourable  constructions  of  our  expressions  on  so  uncommon 
an  occasion.  Could  we  represent  in  their  full  force,  the  senti 
ments  that  agitate  the  minds  of  us  your  dutiful  subjects,  we  are 
persuaded  your  majesty  would  ascribe  any  seeming  deviation  from 
reverence  in  our  language,  and  even  in  our  conduct,  not  to  any 
reprehensible  intention,  but  to  the  impossibility  of  reconciling 
the  usual  appearances  of  respect,  with  a  just  attention  to  our  own 
preservation  against  those  artful  and  cruel  enemies,  who  abuse 
your  royal  confidence  and  authority,  for  the  purpose  of  effecting 
our  destruction. 

Attached  to  your  majesty's  person,  family,  and  government 
with  all  devotion  that  principle  and  affection  can  inspire,  con 
nected  with  Great-Britain  by  the  strongest  ties  that  can  unite 
societies,  and  deploring  every  event  that  tends  in  any  degree  to 
weaken  them,  we  solemnly  assure  your  majesty,  that  we  not  only 
most  ardently  desire  the  former  harmony  between  her  and  these 


384  PETITION  TO  THE  KING  [July  8 

colonies  may  be  restored,  but  that  a  concord  may  be  established 
between  them  upon  so  firm  a  basis  as  to  perpetuate  its  blessings, 
uninterrupted  by  any  future  dissensions,  to  succeeding  genera 
tions  in  both  countries,  and  to  transmit  your  majesty's  name  to 
posterity,  adorned  with  that  signal  and  lasting  glory,  that  has 
attended  the  memory  of  those  illustrious  personages,  whose  vir 
tues  and  abilities  have  extricated  states  from  dangerous  convul 
sions,  and,  by  securing  happiness  to  others,  have  erected  the 
most  noble  and  durable  monuments  to  their  own  fame. 

We  beg  leave  farther  to  assure  your  majesty,  that  notwithstand 
ing  the  sufferings  of  your  loyal  colonists,  during  the  course  of 
this  present  controversy,  our  breasts  retain  too  tender  a  regard 
for  the  kingdom  from  which  we  derive  our  origin,  to  request  such 
a  reconciliation  as  might  in  any  manner  be  inconsistent  with  her 
dignity  or  her  welfare.  These,  related  as  we  are  to  her,  honour 
and  duty,  as  well  as  inclination,  induce  us  to  support  and  advance; 
and  the  apprehensions  that  how  oppress  our  hearts  with  unspeak 
able  grief,  being  once  removed,  your  majesty  will  find  your 
faithful  subjects  on  this  continent  ready  and  willing  at  all  times, 
as  they  have  ever  been,  with  their  lives  and  fortunes,  to  assert 
and  maintain  the  rights  and  interests  of  your  majesty,  and  of  our 
mother  country. 

We,  therefore,  beseech  your  majesty,  that  your  royal  authority 
and  influence  may  be  graciously  interposed  to  procure  us  relief 
from  our  afflicting  fears  and  jealousies,  occasioned  by  the  system 
before  mentioned,  and  to  settle  peace  through  every  part  of  your 
dominions,  with  all  humility  submitting  to  your  majesty's  wise 
consideration  whether  it  may  not  be  expedient  for  facilitating 
those  important  purposes,  that  your  majesty  be  pleased  to  direct 
some  mode,  by  which  the  united  applications  of  your  faithful 
colonists  to  the  throne,  in  pursuance  of  their  common  councils, 
may  be  improved  into  a  happy  and  permanent  reconciliation; 
and  that,  in  the  mean  time,  measures  may  be  taken  for  prevent 
ing  the  further  destruction  of  the  lives  of  your  majesty's  subjects; 
and  that  such  statutes  as  more  immediately  distress  any  of  your 
majesty's  colonies  may  be  repealed. 

For  by  such  arrangements  as  your  majesty's  wisdom  can  form, 
for  collecting  the  united  sense  of  your  American  people,  we  are 
convinced  your  majesty  would  receive  such  satisfactory  proofs  of 
the  disposition  of  the  colonists  towards  their  sovereign  and  parent 


1775]  REPORT  ON  LORD  NORTH'S   RESOLUTION  385 

state,  that  the  wished  for  opportunity  would  soon  be  restored 
to  them,  of  evincing  the  sincerity  of  their  professions,  by  every 
testimony  of  devotion  becoming  the  most  dutiful  subjects  and 
the  most  affectionate  colonists. 

That  your  majesty  may  enjoy  a  long  and  prosperous  reign,  and 
that  your  descendants  may  govern  your  dominions  with  honour 
to  themselves  and  happiness  to  their  subjects,  is  our  sincere  prayer. 


No.  78.  Report  on  Lord  North's  Conciliatory 
Resolution 

July  31,  1775 

LORD  NORTH'S  offer  of  conciliation  came  before  the  Continental  Congress 
May  26,  1775,  in  the  form  of  a  communication  from  the  assembly  of  New 
Jersey  ;  it  was  also  transmitted  later  by  the  assemblies  of  Pennsylvania  and 
Virginia.  A  memorandum  from  Lord  North,  written  by  Grey  Cooper,  under 
secretary  of  the  treasury,  urging  acceptance  of  the  proffered  terms,  was  sub 
mitted  May  30.  July  22,  the  declaration  of  causes  and  other  papers  having 
been  disposed  of,  Franklin,  Jefferson,  John  Adams,  and  Richard  Henry  Lee 
were  appointed  a  committee  to  consider  and  report  on  the  resolution.  The 
report,  drawn  by  Jefferson  on  the  lines  of  a  report  of  the  Virginia  House  of 
Burgesses,  June  10,  on  the  same  resolution,  was  brought  in  July  25,  and,  on  the 
3  ist,  agreed  to. 

REFERENCES.  —  Text  in  Journals  oj  Congress  (ed.  1800),  I.,  175-178.  The 
Virginia  report  is  in  Force's  A merican  Archives,  Fourth  Series,  II.,  1200-1202. 

[The  report  recites  the  resolution  of  Lord  North,  and  con 
tinues  :] 

The  Congress  took  the  said  resolution  into  consideration,  and 
are,  thereupon,  of  opinion, 

That  the  colonies  of  America  are  entitled  to  the  sole  and  exclu 
sive  privilege  of  giving  and  granting  their  own  money:  that  this 
involves  a  right  of  deliberating  whether  they  will  make  any  gift 
for  what  purposes  it  shall  be  made,  and  what  shall  be  its  amount; 
and  that  it  is  a  high  breach  of  this  privilege  for  any  body  of  men, 
extraneous  to  their  constitutions,  to  prescribe  the  purposes  for 
which  money  shall  be  levied  on  them,  to  take  to  themselves  the 
authority  of  judging  of  their  conditions,  circumstances  and  situa- 

2C 


386  REPORT  ON   LORD   NORTH'S   RESOLUTION        [July  31 

tions,  and  of  determining  the  amount  of  the  contribution  to  be 
levied. 

That  as  the  colonies  possess  a  right  of  appropriating  their  gifts, 
so  are  they  entitled  at  all  times  to  enquire  into  their  application, 
to  see  that  they  be  not  wasted  among  the  venal  and  corrupt  for 
the  purpose  of  undermining  the  civil  rights  of  the  givers,  nor  yet 
be  diverted  to  the  support  of  standing  armies,  inconsistent  with 
their  freedom  and  subversive  of  their  quiet.  To  propose,  there 
fore,  as  this  resolution  does,  that  the  monies  given  by  the  colo 
nies  shall  be  subject  to  the  disposal  of  parliament  alone,  is  to 
propose  that  they  shall  relinquish  this  right  of  enquiry,  and  put 
it  in  the  power  of  others  to  render  their  gifts  ruinous,  in  propor 
tion  as  they  are  liberal. 

That  this  privilege  of  giving  or  of  withholding  our  monies,  is 
an  important  barrier  against  the  undue  exertion  of  prerogative, 
which,  if  left  altogether  without  controul,  may  be  exercised  to  our 
great  oppression;  and  all  history  shows  how  efficacious  is  its 
intercessions  for  redress  of  grievances  and  re-establishment  of 
rights,  and  how  improvident  it  would  be  to  part  with  so  powerful 
a  mediator. 

We  are  of  opinion  that  the  proposition  contained  in  this  reso 
lution  is  unreasonable  and  insidious:  Unreasonable,  because, 
if  we  declare  we  accede  to  it,  we  declare,  without  reservation, 
we  will  purchace  the  favour  of  parliament,  not  knowing  at  the 
same  time  at  what  price  they  will  please  to  estimate  their  favour; 
it  is  insidious,  because,  individual  colonies,  having  bid  and 
bidden  again,  till  they  find  the  avidity  of  the  seller  too  great  for 
all  their  powers  to  satisfy;  are  then  to  return  into  opposition, 
divided  from  their  sister  colonies  whom  the  minister  will  have 
previously  detached  by  a  grant  of  easier  terms,  or  by  an  artful 
procrastination  of  a  definitive  answer. 

That  the  suspension  of  the  exercise  of  their  pretended  power 
of  taxation  being  expressly  made  commensurate  with  the  con 
tinuance  of  our  gifts,  these  must  be  perpetual  to  make  that  so. 
Whereas  no  experience  has  shewn  .that  a  gift  of  perpetual  revenue 
secures  a  perpetual  return  of  duty  or  of  kind  disposition.  On 
the  contrary,  the  parliament  itself,  wisely  attentive  to  this  obser 
vation,  are  in  the  established  practice  of  granting  their  supplies 
from  year  to  year  only. 

Desirous  and  determined,  as  we  are,  to  consider,  in  the  most 


1775]  REPORT  ON  LORD   NORTH'S  RESOLUTION  387 

dispassionate  view,  every  seeming  advance  towards  a  reconcilia 
tion  made  by  the  British  parliament,  let  our  brethren  of  Britain 
reflect,  what  would  have  been  the  sacrifice  to  men  of  free  spirits, 
had  even  fair  terms  been  proffered,  as  these  insidious  proposals 
were  with  circumstances  of  insult  and  defiance.  A  proposition 
to  give  our  money,  accompanied  with  large  fleets  and  armies, 
seems  addressed  to  our  fears  rather  than  to  our  freedom.  With 
what  patience  would  Britons  have  received  articles  of  treaty  from 
any  power  on  earth  when  borne  on  the  point  of  the  bayonet  by 
military  plenipotentiaries? 

We  think  the  attempt  unnecessary  to  raise  upon  us  by  force  or 
by  threats  our  proportional  contributions  to  the  common  defence, 
when  all  know,  and  themselves  acknowledge,  we  have  fully  con 
tributed,  whenever  called  upon  to  do  so  in  the  character  of 
freemen. 

We  are  of  opinion  it  is  not  just  that  the  colonies  should  be 
required  to  oblige  themselves  to  other  contributions,  while  Great- 
Britain  possesses  a  monopoly  of  their  trade.  This  of  itself  lays 
them  under  heavy  contribution.  To  demand,  therefore,  addi 
tional  aids  in  the  form  of  a  tax,  is  to  demand  the  double  of  their 
equal  proportion :  if  we  are  to  contribute  equally  with  the  other 
parts  of  the  empire,  let  us  equally  with  them  enjoy  free  commerce 
with  the  whole  world.  But  while  the  restrictions  on  our  trade 
shut  to  us  the  resources  of  wealth,  is  it  just  we  should  bear  all 
other  burthens  equally  with  those  to  whom  every  resource  is  open? 

We  conceive  that  the  British  parliament  has  no  right  to  inter 
meddle  with  our  provisions  for  the  support  of  civil  government, 
or  administration  of  justice.  The  provisions  we  have  made,  are 
such  as  please  ourselves,  and  are  agreeable  to  our  own  circum 
stances:  They  answer  the  substantial  purposes  of  government 
and  of  justice,  and  other  purposes  than  these  should  not  be 
answered.  We  do  not  mean  that  our  people  shall  be  burthened 
with  oppressive  taxes,  to  provide  sinecures  for  the  idle  or  the 
wicked,  under  colour  of  providing  for  a  civil  list.  While  parlia 
ment  pursue  their  plan  of  civil  government  within  their  own 
jurisdiction,  we  also  hope  to  pursue  ours  without  molestation. 

We  are  of  opinion  the  proposition  is  altogether  unsatisfactory, 
because  it  imports  only  a  suspension  of  the  mode,  not  a  renuncia 
tion  of  the  pretended  right  to  tax  us :  because,  too,  it  does  not 
propose  to  repeal  the  several  acts  of  parliament  passed  for  the 


388  REPORT  ON    LORD   NORTH'S   RESOLUTION        [July  31 

purposes  of, restraining  the  trade,  and  altering  the  form  of  gov 
ernment  of  one  of  our  colonies :  extending  the  boundaries  and 
changing  the  government  of  Quebec;  enlarging  the  jurisdiction 
of  the  courts  of  admiralty  and  vice-admiralty;  taking  from  us  the 
rights  of  trial  by  a  jury  of  the  vicinage,  in  cases  affecting  both 
life  and  property;  transporting  us  into  other  countries  to  be  tried 
for  criminal  offences;  exempting,  by  mock-trial,  the  murderers 
of  colonists  from  punishment;  and  quartering  soldiers  on  us  in 
times  of  profound  peace.  Nor  do  they  renounce  the  power  of 
suspending  our  own  legislatures,  and  for  \_of~\  legislating  for  us 
themselves  in  all  cases  whatsoever.  On  the  contrary,  to  shew 
they  mean  to  [no]  discontinuance  of  injury,  they  pass  acts,  at 
the  very  time  of  holding  out  this  proposition,  for  restraining  the 
commerce  and  fisheries  of  the  provinces  of  New-England,  and 
for  interdicting  the  trade  of  other  colonies  with  all  foreign  nations, 
and  with  each  other.  This  proves,  unequivocally,  they  mean  not 
to  relinquish  the  exercise  of  indiscriminate  legislation  over  us. 

Upon  the  whole,  this  proposition  seems  to  have  been  held  up 
to  the  world,  to  deceive  it  into  a  belief  that  there  was  nothing  in 
dispute  between  us  but  the  mode  of  levying  taxes;  and  that  the 
parliament  having  now  been  so  good  as  to  give  up  this,  the  colo 
nies  are  unreasonable  if  not  perfectly  satisfied:  Whereas,  in 
truth,  our  adversaries  still  claim  a  right  of  demanding  ad  libitum, 
and  of  taxing  us  themselves  to  the  full  amount  of  their  demand, 
if  we  do  comply  with  it.  This  leaves  us  without  any  thing  we 
can  call  property.  But,  what  is  of  more  importance,  and  what 
in  this  proposal  they  keep  out  of  sight,  as  if  no  such  point  was 
now  in  contest  between  us,  they  claim  a  right  to  alter  our  charters 
and  establish  laws,  and  leave  us  without  any  security  for  our  lives 
and  liberties.  The  proposition  seems  also  to  have  been  calculated 
more  particularly  to  lull  into  fatal  security,  our  well-affected 
fellow-subjects  on  the  other  side  the  water,  till  time  should  be 
given  for  the  operation  of  those  arms,  which  a  British  minister 
pronounced  would  instantaneously  reduce  the  "cowardly"  sons 
of  America  to  unreserved  submission.  But,  when  the  world 
reflects,  how  inadequate  to  justice  are  these  vaunted  terms;  when 
it  attends  to  the  rapid  and  bold  succession  of  injuries,  which, 
during  the  course  of  eleven  years,  have  been  aimed  at  these 
colonies;  when  it  reviews  the  pacific  and  respectful  expostula 
tions,  which,  during  that  whole  time,  were  the  sole  arms  we 


1775]  PROCLAMATION   OF   REBELLION  389 

opposed  to  them;  when  it  observes  that  our  complaints  were 
either  not  heard  at  all,  or  were  answered  with  new  and  accumu 
lated  injuries;  when  it  recollects  that  the  minister  himself,  on 
an  early  occasion,  declared,  "that  he  would  never  treat  with 
America,  till  he  had  brought  her  to  his  feet,"  and  that  an  avowed 
partisan  of  ministry  has  more  lately  denounced  against  us  the 
dreadful  sentence,  "  delenda  est  Carthago  /"  that  this  was  done 
in  presence  of  a  British  senate,  and  being  unreproved  by  them, 
must  be  taken  to  be  their  own  sentiment,  (especially  as  the  pur 
pose  has  already  in  part  been  carried  into  execution,  by  their 
treatment  of  Boston  and  burning  of  Charlestown;)  when  it  con 
siders  the  great  armaments  with  which  they  have  invaded  us,  and 
the  circumstances  of  cruelty  with  which  these  have  commenced 
and  prosecuted  hostilities;  when  these  things,  we  say,  are  laid 
together  and  attentively  considered,  can  the  world  be  deceived 
into  an  opinion  that  we  are  unreasonable,  or  can  it  hesitate  to 
believe  with  us,  that  nothing  but  our  own  exertions  may  defeat 
the  ministerial  sentence  of  death  or  abject  submission. 


No.  79.     Proclamation  of  Rebellion 

August  23,  1775 

THE  petition  of  July  8,  1775,  to  the  King  [No.  77],  was  the  last  offer  of 
reconciliation  made  by  Congress  ;  and  the  decision  of  the  question  of  inde 
pendence  was  thought  by  many  to  depend  upon  its  reception.  Already,  in 
January,  before  the  first  petition  had  been  laid  before  Parliament,  the  Privy 
Council  had  decided  that  force  should  be  used  to  suppress  the  rebellion, 
and  that  all  persons  resisting  the  King  should  be  proclaimed  traitors.  The 
attention  of  Parliament,  however,  was  immediately  taken  up  with  the  con 
ciliatory  proposals  of  Chatham,  Burke,  and  Lord  North,  and  the  acts  restrain 
ing  the  trade  of  the  northern  and  southern  colonies;  and  the  proclamation 
was  not  then  issued.  In  the  mean  time,  the  British  and  American  forces  came 
into  collision  at  Lexington,  Concord,  and  Bunker  Hill,  and  Congress  chose 
Washington  as  commander-in-chief  of  the  American  army.  The  news  of 
these  proceedings  fixed  the  determination  of  the  King,  and  he  ordered  the 
proclamation  to  be  drawn  up.  On  the  23d  of  August,  the  day  on  which 
Richard  Penn  and  Arthur  Lee  were  to  have  presented  the  "  olive  branch  " 
petition  to  Lord  Dartmouth,  the  proclamation  was  issued.  The  petition  was 
handed  to  Lord  Dartmouth  September  I,  but  the  colonial  representatives 
were  refused  an  audience  with  the  King,  and  were  finally  informed  that  no 


390  PROCLAMATION   OF   REBELLION  [Aug.  23 

answer  would  be  given.  The  news  of  the  rejection  of  the  petition  reached 
America  October  31.  November  3,  Congress  recommended  the  people  of 
New  Hampshire  to  establish  a  form  of  government.  December  6,  a  formal 
report  on  the  proclamation  was  agreed  to,  in  which,  after  repudiating  the 
charge  of  treason,  Congress  declared  that  "  whatever  punishment  shall  be 
inflicted  upon  any  persons  in  the  power  of  our  enemies,  for  favouring,  aiding, 
or  abetting  the  cause  of  American  liberty,  shall  be  retaliated  in  the  same  kind, 
and  the  same  degree,  upon  those  in  our  power,  who  have  favoured,  aided,  or 
abetted,  or  shall  favour,  aid,  or  abet  the  system  of  ministerial  oppression." 

REFERENCES. —  Text  in  Force's  American  Archives,  Fourth  Series,  III., 
240,  241.  The  report  of  December  6  is  in  the  Journals  of  Congress  (ed.  1800), 
I.,  263-265.  The  best  account  of  events  is  in  Frothingham's  Rise  of  the 
Republic,  chap.  10. 

GEORGE  R. 

Whereas  many  of  our  subjects  in  divers  parts  of  our  Colonies 
and  Plantations  in  North  America,  misled  by  dangerous  and  ill 
designing  men,  and  forgetting  the  allegiance  which  they  owe  to 
the  power  that  has  protected  and  supported  them;  after  various 
disorderly  acts  committed  in  disturbance  of  the  publick  peace, 
to  the  obstruction  of  lawful  commerce,  and  to  the  oppression  of 
our  loyal  subjects  carrying  on  the  same;  have  at  length  proceeded 
to  open  and  avowed  rebellion,  by  arraying  themselves  in  a  hostile 
manner,  to  withstand  the  execution  of  the  law,  and  traitorously 
preparing,  ordering  and  levying  war  against  us:  And  whereas, 
there  is  reason  to  apprehend  that  such  rebellion  hath  been  much 
promoted  and  encouraged  by  the  traitorous  correspondence, 
counsels  and  comfort  of  divers  wicked  and  desperate  persons 
within  this  realm :  To  the  end  therefore,  that  none  of  our  sub 
jects  may  neglect  or  violate  their  duty  through  ignorance  thereof, 
or  through  any  doubt  of  the  protection  which  the  law  will  afford 
to  their  loyalty  and  zeal,  we  have  thought  fit,  by  and  with  the 
advice  of  our  Privy  Council,  to  issue  our  Royal  Proclamation, 
hereby  declaring,  that  not  only  all  our  Officers,  civil  and  military, 
are  obliged  to  exert  their  utmost  endeavours  to  suppress  such 
rebellion,  and  to  bring  the  traitors  to  justice,  but  that  all  our 
subjects  of  this  Realm,  and  the  dominions  thereunto  belonging, 
are  bound  by  law  to  be  aiding  and  assisting  in  the  suppression  of 
such  rebellion,  and  to  disclose  and  make  known  all  traitorous 
conspiracies  and  attempts  against  us,  our  crown  and  dignity;  and 
we  do  accordingly  strictly  charge  and  command  all  our  Officers, 
as  well  civil  as  military,  and  all  others  our  obedient  and  loyal 


1775]  PROHIBITORY  ACT  39 1 

subjects,  to  use  their  utmost  endeavours  to  withstand  and  suppress 
such  rebellion,  and  to  disclose  and  make  known  all  treasons  and 
traitorous  conspiracies  which  they  shall  know  to  be  against  us, 
our  crown  and  dignity;  and  for  that  purpose,  that  they  transmit 
to  one  of  our  principal  Secretaries  of  State,  or  other  proper  offi 
cer,  due  and  full  information  of  all  persons  who  shall  be  found 
carrying  on  correspondence  with,  or  in  any  manner  or  degree 
aiding  or  abetting  the  persons  now  in  open  arms  and  rebellion 
against  our  Government,  within  any  of  our  Colonies  and  Planta 
tions  in  North  America,  in  order  to  bring  to  condign  punishment 
the  authors,  perpetrators,  and  abetters  of  such  traitorous  designs. 
Given  at  our  Court  at  St.  James's  the  twenty-third  day  of 
August,  one  thousand  seven  hundred  and  seventy-five,  in  the 
fifteenth  year  of  our  reign. 

GOD  save  the  KING. 


No.  80.     Act  Prohibiting  Trade  and  Inter 
course  with  America 

December  22,  1775 

PARLIAMENT  met  October  26,  1775.  November  7,  the  "olive  branch" 
petition  was  laid  before  the  Lords,  and  on  the  following  day  Richard  Penn 
was  examined  at  the  bar  of  that  House  ;  but  a  motion  declaring  that  the 
petition  afforded  ground  for  reconciliation  was  rejected  by  a  vote  of  83  to  33. 
On  the  1 6th,  a  second  proposal  for  conciliation,  submitted  by  Burke,  was 
rejected  by  the  Commons,  the  vote  being  105  to  210.  On  the  2Oth,  Lord 
North  brought  in  a  bill  to  interdict  all  trade  and  intercourse  with  America. 
The  bill  had  its  second  reading  December  I,  and  on  the  nth,  by  a  vote  of 
112  to  1 6,  passed  the  Commons.  There  was  again  strong  opposition  in  the 
Lords  ;  but  the  second  reading  was  ordered  on  the  I5th,  and  on  the  2Oth, 
the  bill,  with  amendments,  passed.  The  amendments  were  accepted  by  the 
Commons,  and  December  22  the  act  received  the  royal  assent.  The  condition 
of  war  made  the  prohibitory  sections  of  the  act  of  little  practical  importance  ; 
but  the  provisions  authorizing  the  impressment  of  American  seamen  were 
peculiarly  revolting  to  the  colonies.  The  act  was  repealed  in  1 784  (23  Geo. 
III.,  c.  26). 

REFERENCES. —  Text  in  Pickering's  Statutes  at  Large,  XXXI.,  135-154. 
The  act  is  cited  as  16  Geo.  III.,  c.  5.  The  debates  in  Parliament  are  in  the 
Parliamentary  History,  XVIII.;  with  this  compare  the  account  in  the  Annual 
Register  (1776). 


392 


PROHIBITORY  ACT  -  [Dec.  22 


An  act  to  prohibit  all  trade  and  intercourse  with  the  colonies  of 
New  Hampshire,  Massachusetts  Bay,  Rhode  Island,  Connecticut, 
New  York,  New  Jersey,  Pennsylvania,  the  three  lower  counties 
on  Delaware,  Maryland,  Virginia,  North  Carolina,  South  Caro 
lina,  and  Georgia,  during  the  continuance  of  the  present  rebellion 
within  the  said  colonies  respectively;  for  repealing  an  act,  made 
in  the  fourteenth  year  of  the  reign  of  his  present  Majesty,  to 
discontinue  the  landing  and  discharging,  lading  or  shipping, 
of  goods,  wares,  and  merchandize,  at  the  town  and  within 
the  harbour  of  Boston,  in  the  province  of  Massachusetts  Bay; 
and  also  two  acts,  made  in  the  last  session  of  parliament,  for 
restraining  the  trade  and  commerce  of  the  colonies  in  the  said 
acts  respectively  mentioned;  and  to  enable  any  person  or  persons 
appointed  and  authorized  by  his  Majesty  to  grant  pardons,  to 
issue  proclamations t  in  the  cases  and  for  the  purposes  therein 
mentioned. 

WHEREAS  many  persons  in  the  colonies  of  New  Hampshire, 
Massachuset's  Bay,  Rhode  Island,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  the  three  lower  counties  on  Delaware,  Mary 
land,  Virginia,  North  Carolina,  South  Carolina,  and  Georgia,  have 
set  themselves  in  open  rebellion  and  defiance  to  the  just  and  legal 
authority  of  the  king  and  parliament  of  Great  Britain,  to  which 
they  ever  have  been,  and  of  right  ought  to  be,  subject ;  and  have 
assembled  together  an  armed  force,  engaged  his  Majesty* s  troops, 
and  attacked  his  forts,  have  usurped  the  powers  of  government,  and 
prohibited  all  trade  and  commerce  with  this  kingdom,  and  the  other 
parts  of  his  Majesty's  dominions :  for  the  more  speedily  and  effect 
ually  suppressing  such  wicked  and  daring  designs,  and  for  prevent 
ing  any  aid,  supply,  or  assistance  being  sent  thither  during  the 
continuance  of  the  said  rebellious  and  treasonable  commotions,  be 
it  therefore  declared  and  enacted  .  .  .  ,  That  all  manner  of  trade 
and  commerce  is  and  shall  be  prohibited  with  the  colonies  of  New 
Hampshire,  Massachuset's  Bay,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  the  three  lower  counties  on 
Delaware,  Maryland,  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia;  and  that  all  ships  and  vessels  of  or  belonging  to 
the  inhabitants  of  the  said  colonies,  together  with  their  cargoes, 
apparel,  and  furniture,  and  all  other  ships  and  vessels  whatsoever, 
together  with  their  cargoes,  apparel,  and  furniture,  which  shall  be 


1775]  PROHIBITORY  ACT  393 

found  trading  in  any  port  or  place  of  the  said  colonies,  or  going 
to  trade,  or  coming  from  trading,  in  any  such  port  or  place, 
shall  become  forfeited  to  his  Majesty,  as  if  the  same  were  the 
ships  and  effects  of  open  enemies;  and  shall  be  so  adjudged, 
deemed,  and  taken  in  all  courts  of  admiralty,  and  in  all  other 
courts  whatsoever. 

II.  Provided  always,  and  it  is  hereby  further  enacted  and 
declared  .  .  .  ,  That  nothing  in  this  act  shall  extend,  or  be  con 
strued  to  extend,  to  such  ships  and  vessels  as  shall  be  actually 
retained  or  employed  in  his  Majesty's  service,  or  to  such  ships 
and  vessels  as  shall  be  laden  with  provisions  for  the  use  of  his 
Majesty's  fleets,  armies,  or  garrisons,  or  for  the  use  of  the  inhabit 
ants  of  any  town  or  place  garrisoned  or  possessed  by  any  of  his 
Majesty's  troops,  provided  the  masters  of  such  ships  and  vessels 
respectively  shall  produce  a  licence  in  writing,  under  the  hand 
and  seal  of  the  lord  high  admiral  of  Great  Britain  for  the  time 
being,  or  of  three  or  more  commissioners  for  the  time  being  for 
executing  the  office  of  lord  high  admiral  of  Great  Britain,  or  of 
the  commanders  of  his  Majesty's  fleets  or  armies,  or  of  the  gov 
ernor,  lieutenant-governor,  or  commander  in  chief  of  any  of  his 
Majesty's  colonies  or  provinces  not  hereinbefore   mentioned, 
specifying  the  voyage  in  which  such  ship  or  vessel  shall  be  em 
ployed,  and  expressing  the  time  for  which  such  licence  shall 
subsist  and  be  in  force,  and  also  expressing  the  quantity  and 
species  of  the  said  stores  and  provisions  on  board :  and  if  any 
goods,  wares,  or  merchandizes,  other  than  stores  and  provisions 
for  his  Majesty's  use,  or  provisions  for  the  use  of  the  inhabitants 
of  any  town  or  place  garrisoned  and  possessed  by  his  Majesty's 
troops,  shall  be  found  on  board  such  ships  or  vessels  (the  neces 
sary  stores  for  the  ship's  use,  and  the  baggage  of  the  passengers, 
only  excepted)  in  any  or  either  of  those  cases,  the  said  goods, 
wares,  and  merchandizes  shall  be  forfeited,  and  shall  and  may  be 
seized  and  prosecuted  in  the  manner  hereinafter  directed. 

III.  And,  for  the  encouragement  of  the  officers  and  seamen  of 
his  Majesty's  ships  of  war,  be  it  further  enacted,  That  the  flag 
officers,  captains,  commanders,  and  other  commissioned  officers 
in  his  Majesty's  pay,  and  also  the  seamen,  marines,  and  soldiers 
on  board,  shall  have  the  sole  interest  and  property  of  and  in  all 
and  every  such  ship,  vessel,  goods,  and  merchandize,  which  they 
shall  seize  and  take  (being  first  adjudged  lawful  prize  in  any  of 


394  PROHIBITORY  ACT  [Dec.  22 

his  Majesty's  courts  of  admiralty)  to  be  divided  in  such  propor 
tions,  and  after  such  manner,  as  his  Majesty  shall  think  fit  to 
order  and  direct  by  proclamation  or  proclamations  hereafter  to 
be  issued  for  those  purposes. 

IV.  And  be  it  further  enacted  .  .  .  ,  That  it  shall  and  may  be 
lawful  to  and  for  the  said  flag  officers,  captains,  and  commanders 
respectively,  to  cause  to  be  taken,  or  put  on  board  any  of  his 
Majesty's  ships  or  vessels  of  war,  or  on  board  any  other  ships  or 
vessels,  all  and  every  the  masters,  crews,  and  other  persons,  who 
shall  be  found  on  board  such  ship  and  ships  as  shall  be  seized 
and  taken  as  prize  as  aforesaid;  and  also  to  enter  the  names  of 
such  of  the  said  mariners  and  crews  upon  the  book  or  books  of 
his  Majesty's  said  ships  or  vessels,  as  they,  the  said  flag  officers, 
captains,  and  commanders,  shall  respectively  think  fit;  from  the 
time  and  times  of  which  said  entries  respectively,  the  said 
mariners  and  crews  shall  be  considered,  and  they  are  hereby 
declared  to  belong  to,  and  to  be  as  much  in  the  service  of  his 
Majesty,  to  all  intents  and  purposes,  as  if  the  said  mariners  and 
crews  had  entered  themselves  voluntarily  to  serve  on  board  his 
Majesty's  said  ships  and  vessels  respectively;  and  also,  that  it 
shall  and  may  be  lawful  to  and  for  the  said  flag  officers,  captains, 
and  commanders  respectively,  to  detain,  or  cause  to  be  detained 
and  kept,  the  masters  and  other  persons,  and  also  such  others  of 
the  mariners  and  crews  of  the  said  prize-ships  as  shall  not  be 
entered  upon  the  books  of  his  Majesty's  ships  or  vessels  of  war 
as  aforesaid,  in  and  on  board  any  ship  or  ships,  vessel  or  vessels 
whatsoever,  until  the  arrival  of  such  last-mentioned  ships  or 
vessels  in  some  port  in  Great  Britain  or  Ireland,  or  in  any  port 
of  America  not  in  rebellion;  and  upon  the  arrival  of  those  ships 
or  vessels  in  any  such  port,  the  commanders  thereof  are  hereby 
respectively  authorized  and  required  immediately  to  set  the  said 
last-mentioned  mariners  and  crews,  and  also  the  said  masters  and 
other  persons,  at  liberty  on  shore  there. 

[Sections  V. -XXXIV.  relate  to  procedure,  etc.,  in  cases  of 
prize.  Sections  XXXV.-XL.  exempt  from  the  operation  of  the 
act,  under  certain  conditions,  vessels  sailing  from  the  West  Indies 
for  Great  Britain  on  or  before  March  i,  1776;  vessels  sailing 
from  Great  Britain  to  the  West  Indies,  from  any  of  the  colonies 
for  Great  Britain  or  the  West  Indies,  or  from  any  European  port 
at  which  they  may  lawfully  trade,  on  or  before  Jan.  i,  1776;  and 


I775]  PROHIBITORY  ACT  395 

vessels  of  Nantucket,  engaged  in  the  whale  fishery,  fitted  out 
before  Dec.  i,  1775.] 

XLI.  And  whereas,  before  the  passing  this  act,  and  since  the 
commencement  of  the  said  unnatural  rebellion,  divers  persons, 
vessels,  cargoes,  and  other  effects,  may  have  been  seized,  detained, 
examined,  searched,  damaged,  or  destroyed,  for  the  public  service, 
in  withstanding  or  suppressing  the  said  rebellion,  be  it  further 
enacted  .  .  .  ,  That  all  such  acts  shall  be  deemed  just  and  legal 
to  all  intents,  constructions,  and  purposes  whatsoever :  .  .  . 

[Section  XLII.  repeals,  after  Jan.  i,  1776,  the  Boston  Port 
Act,  and  the  two  acts  restraining  the  trade  of  the  northern  and 
southern  colonies.] 

XLIII.  And  be  it  further  enacted  .  .  .  ,  That  this  act,  so  far 
as  the  same  relates  to  the  capture  and  forfeiture  of  ships  and 
vessels  belonging  to  the  inhabitants  of  the  above-mentioned  colo 
nies,  shall,  exdrpfln  the  cases  herein-before  mentioned,  com 
mence  and  be  in  force  from  and  after  the  first  day  of  January, 
one  thousand  seven  hundred  and  seventy  six;  and  so  far  as  the 
same  relates  to  the  capture  and  forfeiture  of  all  other  ships  and 
vessels  that  shall  be  found  going  to  trade  in  or  at  any  of  the  said 
colonies,  from  and  after  the  first  day  of  February,  .  .  .  [1776] 
.  .  .  ;  and  so  far  as  the  same  relates  to  the  capture  and  forfeiture 
of  all  other  ships  and  vessels  that  shall  be  found  trading  in  or  at 
any  of  the  said  colonies,  or  bound  and  trading  from  any  port  or 
place  in  the  same,  from  and  after  the  twenty  fifth  day  of  March, 
...  [1776]  ...  j  and  shall  continue  to  be  in  force  so  long  as 
the  said  colonies  respectively  shall  remain  in  a  state  of  rebellion. 

XLIV.  Provided  always  nevertheless,  and  it  is  hereby  enacted 
.  .  .  ,  That  in  order  to  encourage  all  well  affected  persons  in 
any  of  the  said  colonies  to  exert  themselves  in  suppressing  the 
rebellion  therein,  and  to  afford  a  speedy  protection  to  those  who 
are  disposed  to  return  to  their  duty,  it  shall  and  may  be  lawful 
to  and  for  any  person  or  persons,  appointed  and  authorised  by 
his  Majesty  to  grant  a  pardon  or  pardons  to  any  number  or 
description  of  persons,  by  proclamation,  in  his  Majesty's  name, 
to  declare  any  colony  or  province,  colonies  or  provinces,  or  any 
county,  town,  port,  district,  or  place,  in  any  colony  or  province, 
to  be  at  the  peace  of  his  Majesty;  and  from  and  after  the  issuing 
of  any  such  proclamation  in  any  of  the  aforesaid  colonies  or 
provinces,  or  if  his  Majesty  shall  be  graciously  pleased  to  signify 


396  PROHIBITORY  ACT  [Dec.  22 

the  same  by  his  royal  proclamation,  then,  from  and  after  the 
issuing  of  such  proclamation,  this  act,  with  respect  to  such  colony 
or  province,  colonies  or  provinces,  county,  town,  port,  district, 
or  place,  shall  cease,  determine,  and  be  utterly  void;  and  if  any 
captures  shall  be  made,  after  the  date  and  issuing  of  such  proc 
lamations,  of  any  ships  or  vessels,  and  their  cargoes,  belonging 
to  the  inhabitants  of  any  such  colony  or  province,  colonies  or 
provinces,  county,  town,  port,  district,  or  place,  or  of  any  ships 
trading  to  or  from  such  colony  or  province,  colonies  or  provinces 
respectively,  the  same  shall  be  restored  to  the  owners  of  such 
ships  or  vessels,  upon  claim  being  entered,  and  due  proof  made 
of  their  property  therein,  and  the  captors  shall  not  be  liable  to 
any  action  for  seizing  or  detaining  the  said  ships  or  vessels,  or 
their  cargoes,  without  proof  being  made  that  they  had  actual 
notice  of  such  proclamation  having  been  issued. 

XLV.  Provided  always,  That  such  proclamation  or  proclama 
tions  shall  not  discharge  or  suspend  any  proceeding  upon  any 
capture  of  any  such  ship  or  vessel  made  before  the  date  and 
issuing  thereof. 


Index 


[TITLES  IN  ITALICS  INDICATE  A  TEXT  WITH  ACCOMPANYING  NOTES 
AND  REFERENCES.] 


Acadia,  ceded  to  England,  231. 

Acadians,  deported,  261. 

Act  establishing  customs  commissioners, 
321,  322. 

Act  of  settlement  (Pennsylvania),  200. 

Act  of  union  (Pennsylvania  and  Dela 
ware)  ,  200. 

Act  prohibiting  trade  and  intercourse 
•with  America ,  391-396. 

Act  suspending  the  New  York  assembly ', 
317-320. 

Adams,  Samuel,  drafts  Massachusetts 
circular  letter,  331. 

Administration  of  justice  act,  351-355. 

Aix -I a- Chape  lie,  treaty  of,  251-253. 

Albany  plan  of  union,  253-257. 

Andros,  Edmund,  116,  205. 

Assistance,  writ  of,  258-261. 

Association,  The,  362-367. 

Atherton  company,  126. 

Auchmuty,  Robert,  258. 

Augsburg,  league  of,  222. 

Austrian  succession,  war  of,  251,  252. 

Avalon,  53. 

Bacon,  Sir  Francis,  n. 

Barrier  fortresses,  seized,  229. 

Berkeley  and  Carter  et,  grant  of  New  Jer 
sey  to,  139,  140. 

Berkeley,  conveyance  to  Fenwick,  171. 

Bermudas,  17. 

Board  of  nineteen,  43. 

Body  of  Liberties,  Massachusetts,  72-91. 

Bollan,  William,  petition  of,  337. 

Boston  port  act,  337-343. 

Boston  tea  party,  337. 

Braddock,  defeat  of,  261. 

Bradford,  William,  on  Mayflower  com 
pact,  33. 


Breda,  treaty  of,  136. 
Byllynge,  Edward,  claim  in  New  Jersey, 
171. 

Calvert,  George,  first  Lord  Baltimore,  53. 
Calvert,  Cecil,  second  Lord  Baltimore, 

53  se(I- 

Carolina,  first  charter  of,  120-125;  sec 
ond  charter,  148,  149;  Fundamental 
Constitutions,  149-168;  divided,  148. 

Carr,  Dabney,  336. 

Carteret,  Berkeley  and,  grant  of  New 
Jersey  to,  139,  140;  grant  of  New  Jer 
sey  (Carteret  alone),  171. 

Charter  of  Carolina,  first,  120-125;  sec 
ond,  148,  149;  of  Connecticut,  116-119; 
of  Georgia,  235-248  ;  of  Maryland,  53- 
59;  of  Massachusetts,  first,  37-42;  sec 
ond,  205-212;  explanatory,  233-235; 
of  Pennsylvania,  183-190  ;  of  privileges 
to  patroons,  43-50 ;  of  privileges ,  Penn 
sylvania,  224-229 ;  of  Rhode  Island  and 
Providence  Plantations ,  125-133;  of 
Virginia,  first,  l-n;  second,  11-16; 
third,  17-23. 

Clarke,  John,  petition  for  Rhode  Island 
charter,  125. 

Coke,  Sir  Edward,  I. 

Committees  of  correspondence,  336,  366. 

Concessions  and  Agreements,  of  Carolina, 
149 ;  of  New  Jersey,  141-148 ;  of  West 
Jersey,  174-183. 

Conciliatory  resolution,  Lord  North's,  367, 
368. 

Connecticut,  charter  of,  116-119;  Funda 
mental  Orders  of,  60-65  J  opposition  to 
Rhode  Island  charter,  126 ;  state  con 
stitutions,  116. 

Continental  congress,  declaration  and  re- 


397 


398 


INDEX 


solve s  of,  356-361 ;  Massachusetts'  call 

for,  356. 

Conway,  circular  letter  to  governors,  316. 
Cooke,  Elisha,  233. 
Cotton,  John,   draft    of    Massachusetts 

code,  73. 
Council  for  New  England,  patent  of,  23- 

33- 

Council  of  Virginia,  5. 
Coxe,  Daniel?  and  Heath  patent,  120. 
Cremer,  Thomas,  interest  in  East  New 

Jersey,  190. 
Cromwell,  Oliver,  92. 
Customs  commissioners ',  act  establishing, 

321,  322. 

Davenport,  John,  67  seq. 

De  Berdt,  Dennis,  letter  of  Massachu 
setts  to,  330. 

Declarations  and  resolves  of  first  conti 
nental  congress,  356-361. 

Declaration  of  the  causes  and  necessity  of 
taking  up  arms,  374-381. 

Declaratory  act,  316,  317. 

Delaware  and  Pennsylvania  frame,  199- 
204. 

Delaware,  dispute  with  Pennsylvania, 
224 ;  state  constitution,  224. 

Dickinson,  John,  in  stamp  act  congress, 
313 ;  drafts  declaration  of  causes,  374 ; 
drafts  petition  to  the  king,  381. 

Dorchester  adventurers,  37. 

Duke  of  York's  laws,  137. 

Dutch  West  India  company,  govern 
ment  of}  43. 

East  Florida,  government  of,  267,  268. 
East  New  Jersey,  grant  of,  190-192. 
Eaton,  Theophilus,  38,  40,  70,  72. 
Edict  of  Nantes,  revocation  of,  222. 
Endicott,  John,  37,  38,  40. 
Enumerated  articles,  133,  169. 
Explanatory  charter  of  Massachusetts, 

233-235. 
Explanatory  navigation  act,  119,  120. 

Family  compact,  261. 

Fenwick,  John,   claim   in   New  Jersey, 

171. 
First  charter  of  Carolina,  120-125;   °f 

Massachusetts,    37-42  ;     of    Virginia, 

MX. 


First  navigation  act,  110-115. 

Fishing,  monopoly  of,  in  New  England 

patent,  23. 

Fletcher,  governor  of  New  York,  217. 
Florida,  ceded  to  England,  266. 
Frame  of  government  of  Pennsylvania, 

192-199. 
Franklin,  Benjamin,  and  Albany  plan  of 

union,  254 ;  examination  before  House 

of  Commons,  316. 
Frederick  II.,  of  Prussia,  252. 
French  and  Indian  war,  261. 
Frontenac's  war,  222. 
Fundamental   articles   of  New   Haven, 

67-72. 
Fundamental  constitutions  of  Carolina, 

149-168  ;  of  East  New  Jersey,  190. 
Fundamental  orders  of  Connecticut,  60-65. 

Gaspee  inquiry,  336. 

General  warrants,  condemned  in  Eng 
land,  258. 

Georgia,  charter  of,  235-248 ;  boundaries 
enlarged,  268. 

Gorges,  Ferdinando,  claim  to  Maine,  65. 

Gorges,  Sir  Ferdinando,  23,  24,  26,  65. 

Gorges  and  Mason,  grant  of  Maine  to, 

36,  37- 

Government  of  New  Haven,  101-104. 

Grand  alliance,  of  1689,  222;  of  1701, 
229. 

Grant  of  East  New  Jersey,  190-192 ;  of 
Maine,  to  Gorges  and  Mason,  36,  37 ; 
of  New  Hampshire,  50,  51 ;  of  New 
Jersey,  to  Berkeley  and  Carter et,  139, 
140 ;  of  New  Hampshire  and  Massonia, 
59,  60;  of  New  Jersey,  to  Carteret, 
171;  of  province  of  Maine,  65-67;  to 
Duke  of  York,  136-139. 

Great  law,  192. 

Grenada,  government  of,  268. 

Grenville,  favors  Townshend's  plans,  273. 

Gridley,  Jeremiah,  258. 

Hatch,  Nathaniel,  261. 

Havana,  taken  by  English,  261 ;  restored 

to  Spain,  265. 
Heath,  Sir  Robert,  Carolina  grant,  120, 

148. 

Henry,  Patrick,  316. 
Hillsborough,   Lord,  on  Massachusetts 

circular  letter,  331. 


INDEX 


399 


Hudson's  Bay,  in  treaty  of  Ryswick,  223 ; 

in  treaty  of  Utrecht,  229,  230. 
Hutchinsonian  controversy,  67. 

Impressment  of  Americans,  legalized, 
391,  394- 

Jefferson,  Thomas,  and  Virginia  resolu 
tions  of  1773,  336 ;  draft  of  declaration 
of  causes,  374 ;  drafts  report  on  North's 
resolution,  385. 

Jesuits  in  Maryland,  104. 

Keith,  George,  and  Quaker  schism,  217. 
King  .petition  to  the,  381-385 ;  reception, 

389- 

King  George's  war,  251,  252. 
King  William's  war,  222. 

Laconia  company,  36. 

La  Hogue,  battle  of,  222. 

Land  tax,  English,  reduced,  320. 

League  of  Augsburg,  222. 

Lechmere,  Thomas,  258. 

Lee,  Richard  Henry,  336. 

Lloyd,  David,  224. 

Locke,  John,  Fundamental  constitutions 
of  Carolina,  149-168. 

London  company,  grant  to,  3 ;  separated 
from  Plymouth  company,  n. 

Lord  North's  conciliatory  resolution,  367, 
368. 

Lottery  in  aid  of  Virginia,  21,  22. 

Louis  XIV.,  of  France,  claim  to  Palati 
nate,  222. 

Louisburg,  taken  by  English,  252;  re 
stored  to  France,  252;  retaken  by 
English,  261. 

Louisiana,  ceded  to  Spain,  261. 

Maine,  grant  of,  to  Gorges  and  Mason, 
36,  37 ;  grant  of  province  of,  65-67. 

Manila,  taken  by  English,  261. 

Manors,  in  Maryland,  57. 

Maria  Theresa,  251,  252. 

Markham,  governor  of  Pennsylvania,  217. 

Marlborough,  Duke  of,  229. 

Maryland,  charter  of,  53-59 ;  toleration 
act,  104-106. 

Mason,  John,  grant  of  Maine  to,  and 
Gorges,  36,  37 ;  grant  of  New  Hamp 
shire,  51 ;  grant  of  New  Hampshire 


and  Massonia,  59, 60 ;  opinion  of  attor 
ney-general  on  validity  of  grants,  59. 

Massachusetts,  first  charter  of,  37-42; 
province  of  Maine,  65,  66;  Body  of 
Liberties,  72-91 ;  second  charter  of, 
205-212;  explanatory  charter  of,  233- 
235;  call  for  stamp  act  congress,  313; 
circular  tetter,  330-334;  Massachu 
setts  government  act,  343-350;  admin 
istration  of  justice  act,  351-355 ;  call 
for  continental  congress,  356. 

Massonia,  New  Hampshire  and,  grant  of, 
59,  60. 

Mather,  Increase,  and  second  Massachu 
setts  charter,  205. 

Mayflower  compact,  33,  34. 

Merchant  adventurers  of  London,  51. 

Milford,  Conn.,  controversy  with  New 
Haven,  101. 

Miquelon,  ceded  to  France,  263. 

Molasses  act,  248-251 ;  made  perpetual, 
with  reduced  duties,  273. 

Monopolies,  opposition  to,  and  New 
England  patent,  23. 

Montreal,  surrendered  to  English,  261. 

Moore,  governor  of  New  York,  317,  318. 

Mutiny  act  (1765),  306. 

Namur,  battle  of,  222. 

Navigation  act,  of  1651,  106-110;  first, 
110-115;  explanatory,  119,120;  second, 
133-136 ;  third,  168-170 ;  of 1696,  212- 
217. 

Navigation  ordinance,  of  1645,  IQ6>  °f 
1646,  106;  of  1649,  106. 

New  England,  patent  of  council  for,  23- 
33;  territory  divided,  23;  confedera 
tion,  94-101 ;  restraining  act,  368-374. 

Newfoundland,  ceded  to  England,  231. 

New  Hampshire,  grant  of,  50,  51;  and 
Massonia,  grant  of,  59,  60;  writs  of 
assistance  in,  258;  recommended  to 
form  a  government,  390. 

New  Haven,  fundamental  articles  of, 
67-72 ;  government  of,  101-104 1  incor 
porated  with  Connecticut,  101;  oppo 
sition  to  Connecticut  charter,  116. 

New  Jersey,  grant  of,  to  Berkeley  and 
Carteret,  139,  140;  Concession  and 
Agreement,  141-148;  grant  of,  to 
Carteret,  171. 

Newman,  Robert,  68,  71,  72. 


400 


INDEX 


New  Netherland,  trade  and  settlement 
of,  43 ;  surrendered  to  English,  136. 

New  Plymouth,  51. 

New  Somersetshire,  65. 

New  York  assembly,  act  suspending,  317- 
320. 

Non-consumption  agreement,  364. 

Non-importation  agreement,  363. 

North,  Lord,  brings  in  Boston  port  bill, 
337 ;  bill  for  administration  of  justice 
in  Massachusetts,  351 ;  conciliatory 
resolution,  367,  368 ;  bill  to  restrain 
New  England  trade,  368 ;  report  of 
continental  congress  on  conciliatory 
resolution,  385-389. 

Nova  Scotia,  ceded  to  England,  231, 
262 ;  government  of,  268. 

Oglethorpe,  James  Edward,  235. 
Olive  branch  petition,  389. 
Ordinance  for  Virginia,  34-36. 
Otis,  James,  258. 

Palatinate,  war  of  the,  222. 

Paris,  treaty  of,  261-266. 

Partition  treaty,  229. 

Patent  of  council  for  New  England,  23- 
33  ;  of  Providence  Plantations,  91-93. 

Patroons,  charter  of  privileges  to,  43-50 ; 
charter  of  1640,  43. 

Paxton,  Charles,  258. 

Penn,  William,  interest  in  West  New 
Jersey,  174 ;  in  East  New  Jersey,  190. 

Pennsylvania,  charter  of,  183-190;  frame 
of  government  of  (1682),  192-199; 
Pennsylvania  and  Delaware  frame, 
199-204;  frame  of  government  of 
(1696),  217-222;  charter  of  privileges, 
224-229 ;  state  constitution,  224. 

Pepperell,  Sir  William,  252. 

Petition  to  the  King,  381-385. 

Phipps,  Sir  William,  222. 

Pierce,  John,  and  Plymouth  patent,  51. 

Pitt,  William,  261. 

Plantation  covenant,  New  Haveg,^'. 

Plymouth,  delay  in  joining  JMew  England 
confederation,  94,  100. 

Plymouth  company,  grant  ^iTsepa- 
rated  from  London  company,  n  ;  col 
ony  at  Popham,  23. 

Plymouth  patent,  of  idfg,  51 ;  0/1621,  51 ; 
o/f62<?-jo,  51-53. 


Pocock,  Thomas,  interest  in  East  New 

Jersey,  190. 
Popham  colony,  23. 
Port    Royal,    taken    by    English,    222; 

retaken  by  French,  223 ;   retaken  by 

English,  229;  ceded  to  England,  231. 
Privy  council,  decides  to   use  force  in 

America,  389. 
Proclamation,  royal,  concerning  America, 

267-272;  of  rebellion,  389-391 ;  report 

of  congress  on,  390. 

Providence  Plantations,  patent  of,  91-93. 
Province  of  Maine,  23. 
Puritans,  in  Maryland,  104. 

Quakers,  in  Maryland,  105;  schism  in 
Pennsylvania,  217. 

Quartering  act,  of  1765,  306-313 ;  0/1774, 
355,  356;  violated  by  New  York  as 
sembly,  317,  318. 

Quebec,  taken  by  English,  261 ;  govern 
ment  of,  267. 

Quintipartite  deed,  171-174. 

Quo  warranto,  against  third  Virginia 
charter,  17 ;  first  Massachusetts  charter, 
37;  Connecticut  charter,  1 16. 

Rebellion,  proclamation  of,  389-391. 
Report  on  Lord  North's  conciliatory  reso- 

hition,  385-389. 
Resolutions  of  the  stamp    act   congress, 

313-315. 

Revemie  act,  322-326. 

Rhode  Island,  excluded  from  New  Eng 
land  confederation,  94;  and  Provi 
dence  Plantations,  charter  of,  125-133; 
state  constitution,  126. 

Royal  proclamation  concerning  America, 
267-272. 

Ruggles(iTimothy,  313,  314. 

Salem,  settlement  at,  37. 

Sandwich,  Earl  of,  interest  in  East  New 

Jersey,  190. 
Sandys,  Sir  Edwin,  n. 
Second  charter  of  Carolina,  148,  149;  of 

Massachusetts,  205-212;    of  Virginia, 

11-16. 

Second  navigation  act,  133-136. 
Seven  years'  war,  261. 
Shelburne,  Earl  of,  318. 
Shute,  Samuel,  governor  of  Massachu- 


INDEX 


401 


setts,    dispute    with    General    Court, 

233- 

Silesia,  ceded  to  Frederick  II.,  252. 
Slave  trade,  agreement  to  discontinue, 

363.  364- 

Somers  Islands,  17. 
Somers  Islands  company,  17. 
Sons  of  Liberty,  316. 
Spanish  succession,  war  of,  229. 
St.    Christopher's,    ceded    to    England, 

231. 

St.  Pierre,  ceded  to  France,  263. 
Stamp  act,  281-305. 
Stamp  act  congress,  resolutions  of  the, 

SIS-SIS- 

Steinkirk,  battle  of,  222. 
Sugar    act,    273-281;    duties    repealed, 

322. 
Sugar   colonies,    prosperity   of  French, 

248. 

Tea  act,  of  7767,  327 ;  of  7770,  327,  328 ; 

duties,  323,  337. 
Thacher,  Oxenbridge,  258. 
The  Association,  362-367. 
Third  charter  of  Virginia,  17-23. 
Third  navigation  act,  168-170. 
Toleration  act,  Maryland,  104-106. 
Townshend,   Charles,  plan  of  colonial 

government,  273. 
Townshend  acts,  320,  321. 
Trade  and  intercourse  with  America,  act 

prohibiting,  391-396. 
Treaty  of  Aix-la-Chapelle,  251-253;  of 

Paris,  261-266 ;  of  Ryswick,  222,  223 ; 

of  Utrecht,  229-232. 
Trials  in  England,  motion  for,  334. 

2D 


Union,  Albany  plan  of,  253-257. 
Utrecht,  treaty  of,  229-232. 

Virginia,  first  charter  of,  i-n;  council 
of,  5;  second  charter  of,  11-16;  incor- 
porators  of,  under  second  charter,  12 ; 
third  charter,  17-23 ;  quo  warranto 
against,  17;  ordinance  for,  34-36  ;  first 
assembly,  34;  declared  in  rebellion, 
106;  resolutions  against  stamp  act, 
316 ;  resolutions  of  ij6g,  334-336 ;  reso 
lutions  of  1773,  336,  337. 

Virginia  company,  protest  against  New 
England  patent,  23 ;  against  Maryland 
grant,  53. 

Ward,  Nathaniel,  drafts  Massachusetts 
Body  of  Liberties,  73. 

Warwick,  Earl  of,  Connecticut  patent, 
60. 

Washington,  George,  at  Fort  Duquesne, 
261. 

West  Florida,  government  of,  268. 

Westminster,  treaty  of,  137. 

West  New  Jersey,  Concessions  and  Agree 
ments  of,  174-183. 

William  of  Orange,  222. 

Williams,  Roger,  91. 

Winthrop,  John,  on  Body  of  Liberties, 

73; 

Writ  of  assistance,  258-261 ;  use  legalized, 
323-326. 

Yeardley,  Sir  George,  34,  35. 

York,  Duke  ofc  grant  to,  136-139 ;  deeds 
to  Penn,  184;  release  to  East  New  Jer 
sey  proprietors,  190. 


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